kom (2016) 0029 (forslag) - JOINT STAFF WORKING DOCUMENT 'The EU Special Incentive Arrangement for Sustainable Development and Good Governance ('GSP+') covering the period 2014 – 2015 Accompanying the document Report from the Commission to the European Parliament and the Council Report on the Generalised Scheme of Preferences during the period 2014

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KOM (2016) 0029
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EUROPEAN

COMMISSION

HIGH REPRESENTATIVE

OF THE UNION FOR

FOREIGN AFFAIRS AND

SECURITY POLICY

Brussels, 28.1.2016

SWD(2016) 8 final

JOINT STAFF WORKING DOCUMENT

'The EU Special Incentive Arrangement for Sustainable Development and Good

Governance ('GSP+') covering the period 2014 – 2015

Accompanying the document

Report from the Commission to the European Parliament and the Council

Report on the Generalised Scheme of Preferences during the period 2014 – 2015

{COM(2016) 29 final}

kom (2016) 0029 (forslag) - JOINT STAFF WORKING DOCUMENT 'The EU Special Incentive Arrangement for Sustainable Development and Good Governance ('GSP+') covering the period 2014 – 2015 Accompanying the document Report from the Commission to the European Parliament and the Council Report on the Generalised Scheme of Preferences during the period 2014 – 2015

JOINT STAFF WORKING DOCUMENT

EU S

PECIAL

NCENTIVE

RRANGEMENT FOR

USTAINABLE

EVELOPMENT AND

OOD

OVERNANCE

('GSP+')

COVERING THE PERIOD

2014 – 2015

ONTENTS

INTRODUCTION....................................................................................................... 5

1.1. What is GSP+? .................................................................................................. 5

1.2. Conditions for GSP+ beneficiary status ............................................................ 5

1.3. What are the GSP+ covered conventions? ........................................................ 7

1.4. The GSP+ monitoring process ........................................................................ 14

1.5. GSP+ beneficiary countries............................................................................. 16

ARMENIA — GSP+ ASSESSMENT ...................................................................... 18

2.1. Country Overview ........................................................................................... 18

2.2. Compliance with GSP+ Obligations ............................................................... 19

2.3. Trade and Economy......................................................................................... 36

BOLIVIA– GSP+ ASSESSMENT ........................................................................... 39

3.1. Country Overview ........................................................................................... 39

3.2. Compliance with GSP+ Obligations ............................................................... 39

3.1. Trade and Economy......................................................................................... 54

CABO VERDE– GSP+ ASSESSMENT .................................................................. 57

4.1. Country Overview ........................................................................................... 57

4.2. Compliance with GSP+ Obligations ............................................................... 57

4.3. Trade and Economy......................................................................................... 70

COSTA RICA — GSP+ ASSESSMENT ................................................................. 72

5.1. Country Overview ........................................................................................... 72

5.2. Compliance with GSP+ Obligations ............................................................... 72

5.3. Trade and Economy......................................................................................... 86

ECUADOR — GSP+ ASSESSMENT...................................................................... 89

6.1. Country Overview ........................................................................................... 89

6.2. Compliance with GSP+ Obligations ............................................................... 90

6.3. Trade and Economy....................................................................................... 105

EL SALVADOR– GSP+ ASSESSMENT .............................................................. 108

7.1. Country Overview ......................................................................................... 108

7.2. Compliance with GSP+ Obligations ............................................................. 108

7.3. Trade and Economy....................................................................................... 126

GEORGIA– GSP+ ASSESSMENT........................................................................ 129

8.1. Country Overview ......................................................................................... 129

8.2. Compliance with GSP+ Obligations ............................................................. 129

8.3. Trade and Economy....................................................................................... 147

GUATEMALA– GSP+ ASSESSMENT................................................................. 150

9.1. Country Overview ......................................................................................... 150

9.2. Compliance with GSP+ Obligations ............................................................. 152

9.3. Trade and Economy....................................................................................... 169

10. MONGOLIA– GSP+ ASSESSMENT .................................................................... 171

10.1. Country Overview ......................................................................................... 171

10.2. Compliance with GSP+ Obligations ............................................................. 171

10.3. Trade and Economy....................................................................................... 185

11. PAKISTAN– GSP+ ASSESSMENT ...................................................................... 188

11.1. Country Overview ......................................................................................... 188

11.2. Compliance with the GSP+ obligations ........................................................ 189

11.3. Trade and Economy....................................................................................... 212

12. PANAMA– GSP+ ASSESSMENT......................................................................... 214

12.1. Country Overview ......................................................................................... 214

12.2. Compliance with GSP+ Obligations ............................................................. 215

12.3. Trade and Economy....................................................................................... 231

13. PARAGUAY– GSP+ ASSESSMENT.................................................................... 233

13.1. Country Overview ......................................................................................... 233

13.2. Compliance with GSP+ Obligations ............................................................. 234

13.3. Trade and Economy....................................................................................... 247

14. PERU– GSP+ ASSESSMENT................................................................................ 250

14.1. Country Overview ......................................................................................... 250

14.2. Compliance with GSP+ Obligations ............................................................. 250

14.3. Trade and Economy....................................................................................... 265

15. PHILIPPINES– GSP+ ASSESSMENT .................................................................. 267

15.1. Country Overview ......................................................................................... 267

15.2. Compliance with GSP+ Obligations ............................................................. 268

15.3. Trade and Economy....................................................................................... 288

16. ANNEX ................................................................................................................... 291

16.1. Armenia – Treaty Ratification and Reporting ............................................... 291

16.2. Bolivia – Treaty Ratification and Reporting ................................................. 294

16.3. Cabo Verde – Treaty Ratification and Reporting.......................................... 297

16.4. Costa Rica – Treaty Ratification and Reporting............................................ 300

16.5. Ecuador – Treaty Ratification and Reporting................................................ 303

16.6. El Salvador – Treaty Ratification and Reporting .......................................... 306

16.7. Georgia – Treaty Ratification and Reporting ................................................ 309

16.8. Guatemala – Treaty Ratification and Reporting............................................ 312

16.9. Mongolia – Treaty Ratification and Reporting ............................................. 315

16.10.

16.11.

16.12.

16.13.

16.14.

Pakistan – Treaty Ratification and Reporting ................................. 318

Panama – Treaty Ratification and Reporting .................................. 322

Paraguay – Treaty Ratification and Reporting ................................ 326

Peru – Treaty Ratification and Reporting........................................ 329

Philippines – Treaty Ratification and Reporting ............................. 332

Introduction

This Staff Working Document (SWD) accompanies the Report on the Generalised

Scheme of Preferences and sets out in greater detail the functioning of the GSP+ since

Regulation EU (No) 978/2012 of the European Parliament and of the Council of 25

October 2012 applying a scheme of generalised tariff preferences

("GSP Regulation")

started to apply on 1 January 2014. It provides an overview of the GSP+, and the

international conventions that beneficiaries must ratify and effectively implement. It also

analyses the effects and utilisation of the GSP+ among the beneficiary countries, based

on the information available at the time of writing. Unless stated otherwise, this report

reflects the effects of the GSP+ as of 1 November 2015.

1.1.What is GSP+?

Under the GSP Regulation, the Special Incentive Arrangement for Sustainable

Development and Good Governance, or "GSP+", is an instrument of the EU trade policy

which aims to encourage third countries to comply with core international standards in

the areas of human rights, labour rights, environmental protection and good governance.

It is a special arrangement of the Generalised Scheme of Preferences. While the general

GSP arrangement ("Standard GSP") generally grants tariff reductions or suspensions to

developing countries on about 66% of EU tariff lines, the GSP+ offers additional

advantages through complete duty suspensions for essentially the same goods. In return,

beneficiary countries must commit to ratify and effectively implement core international

conventions on human and labour rights, environmental protection, and good

governance. Beneficiaries must also commit to cooperate with both the monitoring

procedures imposed by those conventions, and the EU's monitoring procedure on the

GSP+.

Standard GSP beneficiaries wishing to benefit from the GSP+ must demonstrate that they

meet the entry requirements for the GSP+, as set out by the GSP Regulation.

Applications are accepted by the Commission at any time. Once a country has requested

admission to the GSP+, the EU will evaluate the application within 10 months. The

Commission has up to 6 months to examine the application and, provided the entry

requirements are met, to propose the granting of GSP+ preferences. The Council of the

EU and the European Parliament then have up to 4 months to consider the Commission's

proposal.

1.2.

Conditions for GSP+ beneficiary status

1.2.1. Precondition: Standard GSP conditions

To be eligible for GSP+, countries must first fulfil the precondition of being beneficiaries

of the Standard GSP. To benefit from the Standard GSP, countries must not previously

have been classified for 3 consecutive years as upper-middle or high-income income

OJ L 303, 31.10.2012, p. 1

economies by the World Bank, and must not benefit from other EU preferential market

access arrangements offering the same, or better, tariff preferences. Should this be the

case, countries cease to be GSP and also GSP+ beneficiaries, following a transitional

period.

1.2.2. Vulnerability

To be eligible for GSP+, GSP beneficiaries must be considered 'vulnerable' due to a low

level of economic diversification, and a low level of integration within the international

economy. Annex VII to the GSP Regulation provides two numerical criteria to determine

'vulnerability'. Firstly, the seven largest sections of a country's GSP imports into the EU

must represent more than 75% of the value of all sections of a country's GSP imports.

Secondly, that country's GSP imports into the EU must represent less than 6,5%

of the

value of the EU's total GSP imports from all GSP beneficiaries.

1.2.3. Ratification, reservations and implementation of core

conventions at entry

When applying for GSP+, a country is required to have already ratified the 27 core

international conventions listed in Annex VIII of the GSP Regulation. These conventions

cover human and labour rights, environmental protection, and good governance.

Moreover, a country must not have formulated any reservations which are prohibited by

those conventions, or which are incompatible with the object and purpose of the

conventions. Lastly, for a country to be admitted to the GSP+, the most recent available

conclusions and recommendations of the conventions' monitoring bodies must have not

identified a serious failure to effectively implement any convention.

1.2.4. Undertaking to maintain ratification and effectively

implement core conventions

To be accepted into the GSP+, countries must sign a binding undertaking

to maintain

their ratification of the 27 conventions, and to ensure their effective implementation.

1.2.5. Undertaking to cooperate in GSP+ monitoring

GSP+ applicants must also accept without reservation the reporting requirements and

monitoring imposed by those conventions. They must also agree to participate in and co-

operate with the EU GSP+ monitoring led by the European Commission. This

cooperation enables the Commission to monitor beneficiaries' compliance with their

undertakings under the GSP+.

Commission Delegated Regulation (EU) 2015/602 of 9 February 2015 (OJ L 100, 17.4.2015, p.

8).

Commission Delegated Regulation (EU) No 155/2013 of 18 December 2012 (OJ L 48,

21.2.2013, p. 5).

1.3.What are the GSP+ covered conventions?

1.3.1. The 27 core conventions

The 27 international conventions relevant to the GSP+ are listed in Annex VIII to the

GSP Regulation. Part A of Annex VIII contains seven United Nations (UN) conventions

on human rights, and eight International Labour Organisation (ILO) conventions on

labour rights. Part B of Annex VIII contains eight conventions on the protection of the

environment, and four conventions on good governance principles.

1.3.2. UN Human Rights Conventions

Seven UN conventions on human rights are relevant to the GSP+, as follows:

•

Convention on the Prevention and Punishment of the Crime of Genocide

International Covenant on Civil and Political Rights

International Covenant on Economic, Social and Cultural Rights

International Convention on the Elimination of All Forms of Racial

Discrimination

Convention on the Elimination of All Forms of Discrimination Against Women

Convention against Torture and other Cruel, Inhuman or Degrading Treatment or

Punishment

Convention on the Rights of the Child.

Each of the human rights conventions establishes a specialised committee of independent

experts responsible for monitoring the implementation of the convention. States parties

are obliged to report periodically to these committees. Detailed information on reporting

requirements and parties' compliance can be found on the website of the United Nations

High Commissioner for Human Rights (UNHCHR).

States parties are only obliged to report periodically to the committees established under

each convention. In some cases, states parties have not reported to the committees during

the period of 2012-2014, or no committee reports are available. It should also be noted

that as the reports of the committees aim to ensure full implementation of the

conventions, they generally focus on shortcomings.

The

Convention on the Prevention and Punishment of the Crime of Genocide

bans

acts committed (during war or peace) with the intent to destroy, in whole or in part, a

national, ethnic, racial or religious group. This convention does not provide for a

monitoring committee.

The

International Covenant on Civil and Political Rights

(ICCPR) provides for a wide

range of rights, including the right to life; the right to freedom from torture and cruel,

inhuman or degrading treatment and punishment; the right to liberty and security of the

person; the right of detained persons to human treatment; the right to freedom of

movement; the right to a fair trial; the right to freedom of thought, conscience, and

religion; the right to freedom of opinion and expression; and the right to freedom of

assembly and association. The ICCPR also provides that all peoples have the right to

www.ohchr.org

self-determination and that minorities have the right to enjoy their own culture, practise

their own religion and use their own language. Two optional protocols provide for:

(1) the possibility of individual complaints with regard to alleged violations of the

Covenant by state parties;

(2) the abolition of the death penalty in the territory under the jurisdiction of the state

party.

However, it is not necessary to ratify or implement these optional protocols to benefit

from the GSP+.

The Human Rights Council (HRC) monitors the implementation of the ICCPR. Each

state party is obliged to submit a report on adopted measures and on progress made to the

HRC within one year after the ICCPR entering force, and every 4 years thereafter.

The

International Covenant on Economic, Social and Cultural Rights

(ICESCR)

focuses on economic, social, and cultural rights. These include the right to just and

favourable conditions of work, the right to form trade unions and the right to strike, the

right to social security, the right to an adequate standard of living, the right to education,

and the right to take part in cultural life. The ICESCR also lists the right to self-

determination for all peoples. Its implementation is monitored by the Committee on

Economic, Social and Cultural Rights (CESCR). Parties must submit a report within two

years after the ICESCR entering force, and every 5 years thereafter. The CESCR

examines the reports, adopts concluding observations, and makes recommendations to

the states parties.

The

International Convention on the Elimination of All Forms of Racial

Discrimination

(ICERD) prohibits racial discrimination in all its forms. The ICERD

requires states parties not to engage in acts of racial discrimination, to amend any laws

which create racial discrimination, and to end racial discrimination by all persons or

groups. Moreover, states parties must declare the dissemination of ideas based on racial

superiority or incitement to racial hatred as criminal offences, and must prohibit

organisations which promote racial discrimination. Implementation is monitored by the

Committee on the Elimination of Racial Discrimination (CERD). All states parties are

obliged to submit reports to the committee one year after acceding to the ICERD, and

every two years thereafter. The CERD adopts concluding observations, and makes

suggestions and recommendations to states parties.

The

Convention on the Elimination of All Forms of Discrimination Against Women

requires states parties to eliminate discrimination against women in political and public

life, to accord women equality before the law, and to eliminate discrimination against

women concerning acquisition of nationality, and in matters concerning marriage and

family relations, with an emphasis on measures in rural areas.

The Committee on the Elimination of Discrimination against Women (CEDAW)

monitors states parties' compliance with the convention. States parties must submit a

report to the CEDAW on the legislative, judicial, administrative or other measures

adopted within a year after the convention's entry into force, and at least every 4 years

thereafter. The CEDAW examines the reports, adopts concluding observations, and

makes recommendations to the states parties.

The convention is supplemented by an optional protocol recognizing the competence of

the CEDAW to receive and consider complaints from individuals or groups, and to

initiate inquiries into situations of grave or systematic violations of women’s rights.

The

Convention against Torture and other Cruel, Inhuman or Degrading

Treatment or Punishment

bans torture under all circumstances. It requires states parties

to prevent torture and to ensure that acts of torture are criminal offences; furthermore it

forbids states from expelling persons to states where they would be in danger of being

tortured. The convention also requires a state party to prevent acts of cruel, inhuman or

degrading treatment or punishment not amounting to torture. The optional protocol to the

convention creates the UN Subcommittee on Prevention and allows in-country

inspections of places of detention to be undertaken in collaboration with national

institutions. However, it is not necessary for countries to have ratified and implemented

this optional protocol to benefit from the GSP+. All states parties are obliged to submit

regular reports to the monitoring Committee against Torture (CAT), initially one year

after acceding to the convention, and every 4 years thereafter. The CAT examines the

reports, adopts concluding observations, and makes recommendations to the states

parties.

The

Convention on the Rights of the Child

requires states parties to ensure that in all

actions concerning children undertaken by state authorities, the best interests of the child

are a primary consideration. The convention provides a range of rights for children

relating to registration of birth, respect for identity, protection against separation from

parents, family reunification, freedom of thought and expression, freedom of association,

access to information, protection from physical or mental violence, adoption, health care,

mental or physical disability, social security, adequate living standards, education, and

protection from exploitation.

The convention is supplemented by two optional protocols concerning the sale of

children, child prostitution and child pornography, and on the involvement of children in

armed conflict. However, it is not necessary for countries to have ratified these optional

protocols to benefit from the GSP+.

The Committee on the Rights of the Child (CRC) monitors states parties' implementation

of the convention. All states parties must report to the committee on the implementation

of the convention, initially two years after acceding to the convention, and every 5 years

thereafter. The CRC examines the reports, and addresses its concerns and

recommendations to the states parties through its concluding observations.

1.3.3. ILO Labour Rights Conventions

Eight fundamental ILO conventions on labour rights are relevant to the GSP+, as

follows:

•

Freedom of Association and Protection of the Right to Organise Convention (No

87)

Right to Organise and Collective Bargaining Convention (No 98)

Forced Labour Convention (No 29)

Abolition of Forced Labour Convention (No 105)

Minimum Age Convention (No 138)

•

Worst Forms of Child Labour Convention (No 182)

Equal Remuneration Convention (No 100)

Discrimination (Employment and Occupation) Convention (No 111).

In general, states must report every three years on the steps taken to implement the eight

fundamental ILO conventions. The Committee of Experts on the Application of

Conventions and Recommendations (CEACR; hereinafter referred to as the Committee

of Experts), is an impartial body of 20 legal experts. It reviews states' reports and

publishes an annual report on members' compliance with the fundamental ILO

conventions. The Committee of Experts' annual report is published on the ILO website,

and all observations on the implementation of the conventions can be found on the ILO's

NORMLEX database.

The first part of the Committee of Experts' report describes the committee's work, and the

extent to which Member States have fulfilled their reporting obligations. It also identifies

cases for which the Committee of Experts has decided to insert special notes, according

to the seriousness and persistence of the problem, the urgency of the situation, or the

quality and scope of a government’s response in its reports. Depending on the

seriousness of the problem, governments may be requested to submit early reports on

these cases ("single footnoted cases"), or may be requested to provide full information to

the next International Labour Conference ("double footnoted cases").

The second part of the Committee of Experts' report publishes observations concerning

individual countries. Besides reflecting information on legislation and governmental

practice, other sources of information are taken into account, including comments of

employers' and workers' organisations. Also considered are the proceedings and findings

of other ILO supervisory bodies, such as the Committee on the Application of Standards

of the International Labour Conference (CAS), the Governing Body's Committee on the

Freedom of Association (CFA), and the findings of the special procedures.

The Committee of Experts' report feeds into the work of the CAS, where measures taken

by the ILO Member States are considered, and 24-25 exemplary individual cases of

serious failure of the fulfilment of the conventions' requirements are discussed, and

conclusions are adopted. The individual cases are selected through negotiations between

social partners (employers' and workers' representatives) in the countries that have been

the object of an observation in the Committee of Experts' report. Customarily, the social

partners include in this list also the "double footnoted cases" identified by the Committee

of Experts. The CAS's General Report is then adopted by the International Labour

Conference.

ILO monitoring is not limited to legal implementation, but focuses also on concrete

application and technical issues, including cases of progress and good practice. The

reports of the Committee of Experts and the CAS also evaluate states' willingness to

address problems in complying with ratified labour standards, and to cooperate with the

ILO.

1.3.4. UN Conventions on Environmental Protection and Climate

Change

Eight international conventions on environmental protection and climate change are

relevant to the GSP+, as follows:

•

Basel Convention on the Control of Trans-boundary Movements of Hazardous

Wastes and Their Disposal

Stockholm Convention on Persistent Organic Pollutants

Convention on International Trade in Endangered Species of Wild Fauna and

Flora

Convention on Biological Diversity

Cartagena Protocol on Biosafety

Montreal Protocol on Substances that Deplete the Ozone Layer

UN Framework Convention on Climate Change

Kyoto Protocol to the UN Framework Convention on Climate Change.

The

Basel Convention on the Control of Trans-boundary Movements of Hazardous

Wastes and Their Disposal

aims to reduce hazardous waste generation. It covers a wide

range of wastes defined as "hazardous", as well as household and incinerator ash. The

Convention calls for environmentally sound management of hazardous waste by ensuring

the availability of adequate disposal facilities, located close to the source of generation.

The Convention also seeks to limit and regulate trans-boundary movement of hazardous

waste. This includes written consent between concerned states, exchange of information,

and technical assistance.

Before the end of each calendar year, each party must submit a report containing

comprehensive information on its implementation of the convention. These national

reports are reviewed by the Implementation and Compliance Committee, which also

reviews individual cases of non-compliance.

The

Stockholm Convention on Persistent Organic Pollutants

aims to protect human

health and the environment from persistent organic pollutants (POPs). POPs are

hazardous chemicals that are toxic to humans and wildlife. They remain intact in the

environment for long periods, become widely distributed geographically, and accumulate

in the fatty tissue of living organisms. POPs circulate globally and cause damage

wherever they are distributed.

A non-compliance mechanism under the Stockholm Convention has not yet been

established. Although no compliance committee exists, compliance and implementation

is assessed through the requirement for parties to submit a National Implementation Plan.

Every four years, parties must also submit a National Report on the effectiveness of

measures taken to implement the convention.

The

Convention on International Trade in Endangered Species of Wild Fauna and

Flora

(CITES) is among the most prominent conservation agreement. Its aim is to ensure

that international trade in more than 35000 animal and plant species does not threaten

their survival. The list of species covered by CITES is regularly updated by the

Conference of the Parties which meets every three years. Under the CITES framework,

Parties have to enact an adequate legislation, report on trade levels in CITES products

and implement specific measures against illegal trade in particularly endangered species

(such as elephants, rhinoceroses, Asian big cats and some rosewood species). The

implementation of CITES is monitored by the CITES Secretariat and the Standing

Committee.. The Standing Committee is a powerful compliance body, as it can decide

upon sanctions, including trade suspensions, in case of failures by Parties to properly

implement their obligations under CITES . The Secretariat of CITES is a repository of

information on the implementation of the Convention and receives information and

reports that it has to communicate to the Parties. This is done through the Notifications to

the Parties.

The

Convention on Biological Diversity

(CBD) aims to ensure the conservation and

sustainable use of all ecosystems, species and genetic resources. It has three main goals:

conserving biological diversity, ensuring the sustainable use of its components, and fairly

sharing the benefits arising from the use of genetic resources. The CBD is legally binding

for the parties, which must establish a National Biodiversity Strategy and Action Plan

(NBSAP) outlining actions to implement the CBD. Parties must report on

implementation every four years.

The governing body of the CBD, the Conference of Parties, adopted the

Cartagena

Protocol on Biosafety

in 2000. The protocol aims to ensure a balance between the

sustainable use of modern biotechnology and economic interests. The protocol governs

the trans-boundary movement of Genetically Modified Organisms (GMOs), and

authorises states to prevent the import of GMOs according to the precautionary principle.

The

Montreal Protocol on Substances that Deplete the Ozone Layer

reflects the need

to phase out the production and consumption of ozone-depleting substances. Adjustments

through decisions of the parties allow the protocol to react to new scientific

developments and technical progress. The protocol provides for two key control

measures: data reporting and a non-compliance procedure. Parties report every year to

the Ozone Secretariat in Nairobi, Kenya, on production, import and export of ozone-

depleting substances referred to in the protocol. In addition, the Implementation

Committee monitors compliance on the basis of the data provided, and makes extensive

reports on non-compliant countries. The committee recommends an ‘indicative list’ of

measures to be taken in case of non-compliance, through adoption of the Meeting of the

Parties to the Montreal Protocol. These measures include issuing formal cautions and

suspending specific rights and privileges, as well as finance and trade measures. The

Multilateral Fund of the Montreal Protocol provides assistance to countries to comply

with the protocol.

The

UN Framework Convention on Climate Change

(UNFCCC) was included among

the conventions relevant to the GSP+ by the 2012 reform to the GSP, in order to place

further emphasis on the importance of effectively addressing climate change issues.

Each party is obliged to report on its implementation of the convention. However,

developing countries have only to submit a national inventory of emissions and removals

of greenhouse gases, and a general description of steps taken to implement the

convention. There are no fixed dates for developing countries to submit national

communications, although in principle reports should be submitted within 4 years of the

initial financial support to assist them with preparing the reports. Moreover, rather than

being subject to an in-depth review by an international team of experts, developing

countries' reports are instead considered by a dedicated group set up by the Subsidiary

Body on Implementation.

Ahead of the 2015 Conference of the Parties in Paris (COP21), parties committed to

undertake certain post-2020 climate actions. These commitments were communicated in

the form of an Intended Nationally Determined Contribution (INDC). While these

communications outlined parties' intended actions on climate change, submission of an

INDC was optional under the UNFCCC, and so is not taken into account by GSP+

monitoring.

The

Kyoto Protocol to the UN Framework Convention on Climate Change

is an

international framework to combat global warming by reducing greenhouse gas

emissions through internationally binding commitments. Adopted in 1997 and entering

into force in 2005, the protocol has been amended several times, most recently through

the Doha Amendment in December 2012. The first commitment period ended in 2012,

during which parties committed themselves to reduce their greenhouse gas emissions by

an average of 5% against 1990 levels. A reduction of 18% has been agreed for the second

commitment period (2013 to 2020), although not all parties of the first period have joined

the commitments of the second period.

The protocol provides for an International Emissions Trading mechanism, where

emission transactions must be reported to the UN Climate Change Secretariat. The

Secretariat verifies that transactions are consistent with the commitments. The protocol

also establishes an Adaptation Fund to finance projects in developing countries to

mitigate the adverse impacts of climate change.

1.3.5. UN Conventions on Good Governance

Four international conventions on good governance principles are relevant to the GSP+,

as follows:

•

UN Single Convention on Narcotic Drugs

UN Convention on Psychotropic Substances

UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic

Substances

UN Convention against Corruption.

The three major international drug control conventions are mutually supportive and

complementary. They seek to codify internationally applicable control measures to

ensure the availability of narcotic drugs and psychotropic substances for medical and

scientific purposes, while preventing their diversion into illicit channels. They also

include provisions on illicit trafficking and drug abuse.

The

UN Single Convention on Narcotic Drugs,

adopted in 1961, aims to combat

misuse of narcotic drugs. First, it seeks to limit the possession, use, trade, distribution,

import, export, manufacture, and production of drugs exclusively to medical and

scientific purposes. Second, it combats drug trafficking through international co-

operation to deter and discourage drug traffickers.

The

UN Convention on Psychotropic Substances

entered into force in 1976. It

establishes an international control system for psychotropic substances not covered by

the Convention on Narcotic Drugs. It responded to the diversification and expansion of

the spectrum of drugs of abuse and introduced controls over a number of synthetic drugs

according to their abuse potential and their therapeutic value.

The

UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic

Substances

entered into force in 1990. It provides additional regulative mechanisms to

enforce the abovementioned conventions through comprehensive measures against drug

trafficking, including provisions against money laundering and the diversion of precursor

chemicals. It also covers international co-operation through, for example, extradition of

drug traffickers, controlled deliveries and transfer of proceedings.

The International Narcotics Control Board (INCB) monitors compliance with the three

international drug control conventions. It has the authority to investigate the failure of

any country to carry out the conventions' provisions, including countries that are not

parties to the conventions. The INCB recommends actions and suggests adjustments to

both international and national control regimes. As well as reporting on compliance with

the conventions, the INCB can recommend sanctions to the parties, which can extend to

stopping the export or import of particular psychotropic substances.

The

UN Convention against Corruption

(UNCAC) entered into force in 2005. It covers

several areas: prevention and criminalisation of a wide range of acts of corruption, law

enforcement, international co-operation, asset recovery, and technical assistance. The

convention covers a broad range of actions defined as corruption, including trading in

influence, abuse of function, and corruption in the private sector. It is the only global

anti-corruption instrument which is legally binding.

The Conference of the State Parties has established a mechanism to monitor

implementation of the convention. After undergoing a comprehensive self-assessment,

states parties review each other in groups of three, selected by lot. The monitoring

process is carried out by governmental experts. Country review reports remain

confidential, although countries are encouraged to publish their reports, and executive

summaries are made available.

1.4.The GSP+ monitoring process

The reformed GSP Regulation requires enhanced monitoring of the GSP+ beneficiaries'

compliance with their commitments made when entering the arrangement. Once a

country is granted GSP+ benefits, the Commission monitors that it abides by its

undertaking, namely to:

•

maintain ratification of the international conventions covered by the GSP+

arrangement;

ensure their effective implementation;

comply with reporting requirements of the monitoring bodies;

accept regular monitoring and review of its implementation record in accordance

with the conventions;

cooperate with the Commission in its monitoring role and provide all necessary

information.

Each GSP+ beneficiary is subject to a continuous and structured monitoring process by

the Commission. In particular, this involves an ongoing dialogue with beneficiary

authorities based on a list of salient shortcomings identified in its implementation of the

relevant conventions (the GSP+ "scorecard").

1.4.1. GSP+ dialogue and scorecards

As a beneficiary joins the GSP+, the Commission compiles an assessment of the

beneficiary's compliance with its GSP+ commitments (the first "scorecard"). This formal

"scorecard" notes the salient shortcomings identified in particular by the international

conventions' monitoring bodies. This begins the ongoing GSP+ dialogue, during which

the Commission draws the beneficiary's attention to the areas listed in the scorecard.

Whenever possible, the dialogue makes use of existing political and institutional links

between the EU and beneficiaries

The lists of issues in the scorecard are updated annually, and seek to reflect beneficiaries'

progress in the effective implementation of the conventions. The assessment reflects

developments on the ground, where beneficiaries are expected to demonstrate serious

efforts towards tackling the identified problems. The Commission seeks to take every

possible opportunity to discuss these issues with beneficiary countries, to result in a

constructive and continuing GSP+ dialogue.

In line with the GSP Regulation, GSP+ monitoring takes into account the views from a

wide range of sources beyond the international conventions' monitoring bodies, including

civil society, social partners, the European Parliament and the Council. A wide range of

stakeholders are also involved in the beneficiary countries – not just the central

government, but local or regional authorities, civil society (e.g. social partners, non-

governmental organisations), business associations, and local offices of international

organisations. As part of its monitoring, the Commission may participate in local

workshops, or field visits to industries. Reaching out to local stakeholders, particularly

during GSP+ monitoring visits, is important not only to gather first-hand information, but

also to improve understanding of how the GSP+ works, and the EU's expectations of

beneficiaries. This helps local stakeholders to play a constructive role in assisting local,

regional and central authorities to meet their commitments under the conventions. In

particular, as direct beneficiaries of tariff preferences, economic operators are expected to

play a key role in supporting implementation of the conventions.

1.4.2. Challenges to GSP+ monitoring

The conventions relevant to the GSP+ do not all provide for a regular, continuous

monitoring mechanism. Some of the environmental conventions, for example, establish

committees which only examine individual cases of non-compliance, rather than issuing

general and consecutive reports which cover all states parties. In other cases, reports may

not exist for certain countries, even in cases of shortcomings. Other reports, such as those

concerning compliance with the UN Convention against Corruption, may be entirely

published on a voluntary basis.

Due to the differing goals pursued under each of the 27 conventions, GSP+ cuts across a

number of areas which traditionally fall outside trade policy such as foreign policy,

development, labour, environment etc. These policy areas fall within the competence of

different Commission services and the European External Action Service (EEAS). As a result,

GSP+ issues may be raised in existing bilateral dialogues with beneficiaries under different

formats such as, for example, trade dialogues, human rights dialogues, Joint Commission, etc.

Therefore, the GSP+ monitoring process does not rely on information from the

conventions' monitoring bodies alone. Instead, the Commission gathers information from

as wide a range of sources as possible, including civil society organisations, NGOs, EU

Delegations in the beneficiary countries, and through the ongoing dialogue with the

government authorities. GSP+ monitoring field visits to beneficiary countries are

particularly useful in this regard. However, the Commission carefully evaluates all

monitoring information gathered – information from sources other than the conventions'

monitoring bodies cannot always be verified.

1.4.3. Temporary withdrawal

Beneficiaries must demonstrate a positive record of compliance with and effective

implementation of the commitments made upon entry into the GSP+. If the Commission

has a reasonable doubt that a beneficiary does not respect its binding undertaking to

comply with the reporting obligations under the international conventions, or to

cooperate with the relevant monitoring bodies or with the Commission, or to maintain

ratification and ensure the effective implementation of the relevant international

conventions, then the Commission will consider opening an investigation into whether a

beneficiary is complying with its GSP+ undertaking. Following this, GSP+ benefits may

be temporarily withdrawn, until the beneficiary demonstrates compliance with the GSP+.

1.5.GSP+ beneficiary countries

For the reporting period of 2014-2015, 14 countries benefitted from the GSP+

. Armenia,

Bolivia, Cape Verde, Costa Rica, Ecuador, Georgia, Mongolia, Pakistan, Paraguay and

Peru were granted GSP+ benefits from 1 January 2014

followed by El Salvador,

Guatemala and Panama from 28 February 2014

, and the Philippines from 25 December

2014

Ecuador was classified by the World Bank as an upper-middle income country in 2011,

2012, and 2013. Following a 2-year transition period, it therefore ceased to be a GSP+

beneficiary from January 2015

Costa Rica, El Salvador, Guatemala, Panama and Peru will cease to be GSP+

beneficiaries from January 2016. These countries have benefitted from a free trade

The Commission proposed to grant GSP+ to Kyrgyzstan on 25 November 2015. If the European

Parliament or the Council do not object this proposal within the following two months,

possibly prolonged of two more months, Kyrgyzstan will be admitted to the arrangement and

subjected to the GSP+ monitoring in the next reporting period (2016-2017).

Commission Delegated Regulation (EU) No 1/2014 of 28 August 2013 (OJ L 1, 4.1.2014, p. 1).

Commission Delegated Regulation (EU) No 182/2014 of 17 December 2013 (OJ L 57,

27.2.2014, p. 1).

Commission Delegated Regulation (EU) No 1386/2014 of 19 August 2014 (OJ L 369,

24.12.2014, p. 33).

Commission Delegated Regulation (EU) No 1421/2013 of 30 October 2013 (OJ L 355,

31.12.2013, p. 1) and Commission Delegated Regulation (EU) No 1015/2014 of 22 July 2014

(OJ L 283, 27.9.2014, p. 20).

Commission Delegated Regulation (EU) No 1015/2014.

agreement with the EU since 2013, and have remained in the GSP+ for a transition

period. Similarly Georgia will cease to be a GSP+ beneficiary from January 2017, as it

has benefitted from EU preferential market access under a bilateral deep and

comprehensive free trade agreement (DCFTA) since 2014

The following sections of the Staff Working Document provide analysis of the effects of

the GSP+ on each beneficiary. This includes information on beneficiaries' ratification,

compliance with, and implementation of the international conventions relevant to GSP+.

Commission Delegated Regulation (EU) 2015/1979 of 28 August 2015 (OJ L 289, 5.11.2015,

p. 3).

Armenia — GSP+ Assessment

2.1.Country Overview

The first years following Armenia’s independence from the USSR in 1991 were very

turbulent. The Nagorno-Karabakh conflict and a transportation blockade by Azerbaijan

and Turkey which left landlocked Armenia with the two longest out of its four borders

closed, as well as an energy crisis and difficult transition from a centrally planned to a

market economy contributed to the country’s economic collapse and emigration of a

quarter of its population in the early 1990s. In the mid-1990s Armenia began to recover

economically, but the unresolved conflict and two closed borders, as well as high

outward migration, remain to this day. Moreover, Armenia was hit hard by the Georgia-

Russia war and international financial and economic crisis at the end of the first decade

of this century. Despite subsequent resumption of economic growth serious economic

difficulties and related social problems persist. At present, Armenia in particular strongly

feels the impact of western sanctions on Russia (a sharp decrease of exports and

remittances). Armenia has to continue implementing sound macroeconomic policies

against external vulnerabilities, while supporting with further reforms the transition to a

more competitive and globally integrated economy.

The domestic political situation remains fragile. An excessive overlap between political

and economic interests has depleted public trust in political elites, as has their record of

rigged elections and corrupt administrative practices. Polarisation between political

parties deepened in 2008 when the police and army forcefully dispersed mass protest

after presidential elections, leaving several dead and wounded. In the following years, the

Armenian authorities made more serious efforts to address problems in the area of human

rights, democracy and rule of law, but further important work remains ahead, in

particular as regards implementation and enforcement of adopted legislation and the

rebuilding of public trust. Towards the end of 2015, the political scene was focused on

constitutional reform, including the referendum. The reform aims at transforming

Armenia from a semi-presidential democracy to a parliamentary one. The process was

criticised by the majority of the opposition and civil society, questioning the motives and

the process guiding the reform. The EU took note of the concerns expressed on the

constitutional referendum held on December 6

and has urged the authorities to fully

investigate in a transparent manner fraud allegations. The draft constitutional

amendments were consulted closely with the Council of Europe’s Venice Commission,

whose opinion of the final draft was mostly positive.

In 2004, Armenia was included in the EU’s European Neighbourhood Policy (ENP) and

in 2009 also in its enhanced eastern dimension, the Eastern Partnership (EaP). The EU

and Armenia negotiated an Association Agreement (AA) including a Deep and

Comprehensive Free Trade Area (DCFTA) by 2013. However, Armenia later decided to

join the Eurasian Economic Union (EEU), delegating its trade policy competence to the

EEU. Therefore, preferential trade agreements like the DCFTA with the EU could no

longer be concluded. The bilateral contractual relations therefore remain based on the

1999 Partnership and Cooperation Agreement (PCA) which will be replaced by a new

overarching and legally binding agreement, on which Armenia and the EU started

negotiations on 7 December, 2015.

2.2.Compliance with GSP+ Obligations

2.2.1. UN Human Rights Conventions

(Conventions 1-7)

Status of ratification and reporting

Armenia ratified all the GSP+-relevant UN human rights conventions, without

reservations, and maintains their ratification. For further details please see the annex.

In 2014-2015, Armenia made a considerable effort to catch up with its reporting

obligations to the monitoring bodies of these conventions. However, the latest report due

under the International Convention on the Elimination of All Forms of Racial

Discrimination remained outstanding from 2014. For further details please see the annex.

Status of implementation of the conventions

Regarding the implementation of the seven conventions, in 2014-2015 Armenia made an

overall serious effort to address the shortcomings identified in its GSP+ scorecards. In

particular, in 2014, the government approved an action plan for the implementation of the

National Strategy on Human Rights Protection in 2014-2016, which serves as a roadmap

for coordinated actions by public institutions toward fulfilling Armenia’s international

human rights commitments and obligations. The Armenian authorities also made an

effort to better involve civil society in the action plan’s implementation and monitoring.

However, many of the initiatives undertaken in this period represent only initial steps

towards tackling the identified problems, and Armenia now needs to proceed with further

preparatory and in particular monitoring and implementation activities to demonstrate

results.

International Convention on the Elimination of All Forms of Racial

Discrimination (ICERD)

While some efforts were deployed to raise awareness of the rights of people belonging to

minorities, challenges remain to increase tolerance and tackle discrimination of ethnic

minorities. Therefore, the 2014-2016 Human Rights Action Plan suggests assessing the

compatibility of the existing Armenian legislation with the international legal framework

and weighting the merits of adopting a comprehensive anti-discrimination law. At the

end of 2015, Armenian authorities signalled they are preparing such a stand-alone law to

be adopted by the end of 2016.

International Covenant on Civil and Political Rights (ICCPR)

Despite the Armenian authorities’ efforts to comply with the requirements of the ICCPR,

more efforts are needed to ensure the independence and integrity of the judiciary system.

Public trust in the judiciary system remains low, and awareness of civil and political

rights remains limited among the general public and also among legal professionals.

Police officers were only rarely held accountable for excessive use of force and findings

of human rights institutions were not properly followed up.

As mentioned above in the section on the implementation of the ICERD, Armenia lacks a

comprehensive legislative and enforcement framework against discrimination.

Discrimination against minority religious and ethnic groups, in particular at the

workplace and in the media, persisted in 2014-2015. Persons with disabilities remained

discriminated against and socially segregated. However, towards the end of 2015, the

Armenian authorities signalled a comprehensive anti-discrimination law was under

preparation, for adoption by the end of 2016.

Some activities to address gender equality issues and ensure equal opportunities were

launched, such as the establishment of bodies in charge of gender policy at regional and

community levels or organisation of training courses and awareness-raising campaigns

on gender sensitivity.

With regard to religious minorities, the introduction of a possibility of alternatives to

military service for Jehovah’s Witnesses represented a clear improvement. Progress was

also noted in access to media and textbooks in minority languages, as well as efforts to

train teachers.

Progress in the implementation of the convention in the reporting period includes also the

strengthening of the independence of judges through amendments to the judicial code,

which defined the duties of the self-governing structures. The criteria for evaluating and

promoting judges were also improved, and the procedure for appointing them was made

more transparent.

Furthermore, the number of public defenders increased and the categories of groups of

population eligible for free legal aid were expanded. However, the lack of information to

the public about these improvements continued to impair access to justice. To enhance

public awareness of the role of the public defender, a public information campaign was

organised. Further quality control measures and capacity development of public

defenders should be undertaken.

International Covenant on Economic, Social and Cultural Rights

(ICESCR)

In 2014-2015 Armenia took further steps to implement the ICESCR, including reception

of over 17 000 Syrian refugees and asylum seekers, adoption of the 2013-2015 National

Action Plan to Combat Trafficking in Persons and establishment of employment quotas

for persons with disabilities as from the beginning of 2015.

However, high levels of violence against women, including domestic violence, prevailed,

and participation of women in public life remained low. Further efforts are needed to

address deeply rooted patriarchal attitudes and stereotypes regarding the role of women

and men, and to increase the representation of women in public administration, academia

and research institutions.

Furthermore, discrimination and in some cases violence based on gender identity and

sexual orientation remained widespread in Armenia, and the position of lesbian, gay, bi-

sexual, trans-sexual and inter-sexual (LGBT) people continued to be of serious concern.

In 2014, 30 % of the population lived below the poverty line. Unemployment remained

high (around 18 %, with youth unemployment at around 24 %) and needs more attention.

Armenia should also take measures to regularise the informal sector of the economy.

Convention on the Elimination of All Forms of Discrimination Against

Women (CEDAW)

Concerning the implementation of the CEDAW in 2014-2015, the law on equal rights

and equal opportunities for men and women was not sufficiently implemented.

Moreover, the law lacks a complaint mechanism. Deeply rooted patriarchal attitudes and

stereotypes regarding the roles of women and men remained, coupled with persistently

high levels of violence against women. A law on domestic and gender-based violence

was not adopted in the reporting period.

On the positive side, a Men and Women Equality Affairs Council was established as a

national mechanism to deal with issues related to discrimination against women, and an

annual action plan for women and men equality policy was adopted by the government in

2015, as was an action plan for preventing gender violence. The World Bank Report on

Women, Business and the Law placed Armenia as one of 18 countries where there were

no legal differences between men and women.

Convention against Torture and other Cruel, Inhuman or Degrading

Treatment or Punishment (CAT)

During the period under review, Armenia developed an action plan for prison reform in

line with the recommendations of the Council of Europe’s Committee for the Prevention

of Torture (CPT). In July 2015, processing of cases of alleged torture and ill-treatment

also improved. Persons detained were better informed about their rights. A number of

awareness-raising and training activities were undertaken with the aim to improve

prevention, detection and reporting of torture and ill-treatment. Nevertheless, reports of

torture and ill-treatment persisted during the period under evaluation. Criminal justice

bodies relied on confessions and information obtained during questioning to secure

convictions, and there were not sufficient procedural safeguards against ill-treatment.

Allegations of instances of torture and mistreatment during pre-trial investigations were

not always properly investigated.

Amendments to the penal code bringing Armenian legislation in line with the definitions

of the CAT were adopted in June 2015. These amendments also allow for the opening of

investigations into torture on grounds other than the victim’s complaints. A package of

further legal amendments to prevent torture and avoid impunity is under preparation.

Convention on the Rights of the Child (CRC)

As regards the implementation of the CRC, in 2014-2015 Armenia did not sufficiently

address the previous recommendations of the CRC Committee. In spite of the declared

political will to give priority to the matter, there was a significant decrease in the budget

allocation for issues related to children’s rights protection, particularly in the areas of

health and education. Moreover, national bodies such as the National Commission for the

Protection of Children’s Rights and the Office of Human Rights Defenders lacked

necessary resources and capacities to effectively carry out their mandate.

First-line custody issues were handled by councils comprised of volunteers. The

development of a cadre of professional social workers remained an important issue to be

addressed. Child poverty remained very high, and there was still not a clear and legally

binding distribution of functions between social protection and child services, although

measures were taken to improve inter-service cooperation. Monitoring of childcare

institutions revealed cases of abuse and ill-treatment of children. In June 2015, the UN

Universal Periodic Review (UPR) particularly highlighted the need to address sexual

abuse of children. Sex-selective abortions remained a considerable concern, with a birth

ratio of 114 boys per 100 girls.

Progress in implementing the convention during the reporting period included the

adoption of a number of other relevant international conventions, as well as of

amendments and supplements thereto. Furthermore, there was good progress related to

institutional and policy measures, with implementation of the National Programme for

the Protection of Children’s Rights for 2013-2016, Programme of State Support to

Graduates of Child Care Institutions for 2004-2015 and Programme on

Deinstitutionalisation of Children Care for 2004-2015. Introduction of a multi-ministerial

approach to children’s rights protection involving all ministries concerned was a very

good step to improve efficiency in this area. Efforts were made to detect and assist

homeless children. Draft legislation was presented to the parliament banning sex-

selective abortions.

Future actions and priorities

The Armenian government’s future priorities and objectives regarding human rights

protection include in particular continuation of the judiciary reform; improvements in the

area of electoral rights; fight against use of torture and ill treatment; advancement of

women’s rights; improvement of the treatment and situation of, respectively, ethnic

minorities and people with disabilities; fight against corruption; and improvements on

several social and economic rights, such as healthcare and living standards. The

government also intends to put emphasis not only on drafting and adoption of legislation

and strategic and programming documents, as has mostly been the case so far, but also on

their proper implementation and enforcement, including through institutional capacity

building and effective monitoring and evaluation.

Conclusions

In 2014-2015, the Armenian authorities made an overall serious effort to address the

shortcomings identified in the area of human rights protection in Armenia’s GSP+

scorecards. In particular, they prepared a number of legislative proposals as well as

strategies, action plans and similar initiatives. If adopted and properly implemented,

these would address many of the problems listed in the scorecards.

The Armenian authorities also deployed tangible efforts to be more inclusive in their

processes related to human rights protection, involve civil society and consult

international and regional expertise with a view to meet international standards in this

field. Moreover, the authorities focused on increasing public awareness of international

human rights conventions, as well as of the need for social and economic integration of

the whole of Armenia’s population.

At the same time, Armenia needs to further step up efforts to effectively address several

persisting human rights problems, in particular the lack of independence and integrity of

the judiciary and of the political system as a whole, no sufficient legislative and

enforcement framework against use of torture and ill treatment, corruption,

discrimination against minorities, discrimination and violence against women and child

poverty.

2.2.2. ILO Labour Rights Conventions (Conventions 8-15)

Status of ratification and reporting

Armenia ratified all eight ILO fundamental labour conventions relevant for the GSP+,

without reservations, and maintains their ratification. For details please the see annex.

In 2014-2015, Armenia complied with all its reporting obligations to the monitoring

bodies of these conventions. For details please the see annex.

Status of implementation of the conventions

Regarding the implementation of these eight conventions the ILO Committee of Experts

on the Application of Conventions and Recommendations (hereafter referred to as

Committee of Experts) in its recent reports raised a number of issues. In 2014-2015, the

Armenian authorities deployed efforts to address several of these problems, but in many

cases more will still have to be done in the future.

Freedom of association and collective bargaining (Conventions 87 and

98)

In its 2014 report, the Committee of Experts requested legislative amendments to enable

some excluded categories of civil servants as well as self-employed, liberal professions

and informal workers to form and join trade unions. It requested amendments also to the

legislation on the formation of an organisation or federation of employers. Moreover, the

Committee of Experts asked for further legislative amendments of the labour code on the

right to strike.

In 2014-2015, the Armenian authorities discussed the requested amendments with social

partners and other associations representing the interests of employers. Some legislative

proposals were drafted and submitted to the National Assembly. However, these

proposals have not been adopted yet, and there is no indication when this is supposed to

happen. It also remains unclear whether the government is considering amending the

legislation to ensure that public servants could join trade unions.

In its 2014 report, the Committee of Experts requested legislative amendments to ensure

that in cases where there was no trade union representing 50 % of the company’s

workers, existing minority unions were entitled to bargain collectively on behalf of their

own members. It also asked for amending provisions envisaging automatic termination of

a collective agreement in case of privatisation or restructuring of an enterprise. In 2014-

2015, the later amendments were discussed with social partners but further debate is

needed and the government decided to request ILO expertise to this end.

In the reporting period, the major Armenian trade unions repeatedly expressed

dissatisfaction with the functioning of the national trilateral commission responsible for

the implementation of the National Collective Agreement.

In July 2013, the Government passed Decree Nr 857 restructuring several line Ministries

and transferring the responsibility for labour inspection from the Ministry of Labour to

the Ministry of Health (State Health Inspectorate). Subsequently, the 2015 Decree Nr 572

limited the mandate of the inspection services whilst also limiting its competence to

issues related to occupational safety and health. Labour inspectors are no longer allowed

to control other matters linked to general working conditions or employment relations

covered by collective bargaining or by law (wages, employment contracts, welfare

provisions etc.) and are not entrusted with legal enforcement powers. As a result of the

2013 restructuring, the number of labour inspectors was reduced from 149 to 60. While

the inspection reform process is still ongoing, it is clear that developments so far have

seriously weakened the capacity of official authorities to monitor compliance with

national labour laws and provisions and collective agreements.

In November 2015, Armenia took part in the Sub-Regional Tripartite conference on the

topic of labour inspection organised by the ILO in Sochi. Representatives from both the

Armenian Ministries of Health and of Labour were present, as well as from employers

and workers. The purpose was to analyse the implementation of labour inspection

systems, and to make proposals to countries in the sub-region to develop strategies and

programmes for improving workplace compliance (with labour standards and

legislation). Enforcement is important for ensuring application of the core labour

standards on freedom of association and collective bargaining as well as other core

labour standards.

Abolition of forced labour (Conventions 29 and 105)

In its 2013 comments, the Committee of Experts requested the government to submit

copies of several legislative acts to allow for assessing whether the Armenian legislation

was aligned with the convention. The Committee of Experts also asked for further

information concerning the rules of work of convicted persons serving a sentence of

imprisonment, in particular whether they could be hired by private companies.

Moreover, the Committee of Experts noted a continued implementation of the National

Action Plan for Combating Trafficking in Human Beings and pursuance of several

cooperation programmes in this area with the UN organisations and other countries in the

region. Regarding rehabilitation of victims of trafficking, the Committee of Experts also

noted that the Armenian legislation included victims of trafficking among beneficiaries

from services and activities of employment centres. Additional progress in the fight

against trafficking of human beings and in their re-integration nevertheless remained

necessary.

In its 2013 report, the Committee of Experts also requested further information

illustrating the use of the criminal provision concerning penalties for public officials for

their failure to exercise their duties. Moreover, the committee repeated some of its earlier

demands, notably for copies of relevant court decisions and further information

concerning penalties for persons inciting national, racial or religious hatred, as well as for

those involved in events breaching national legislation on meetings and demonstrations.

According to available information, no developments took place in 2014-2015 regarding

these matters.

Worst forms of child labour (Convention 182)

Further to the ratification of the convention by Armenia in 2006, the Committee of

Experts examined the country’s first report on the convention’s implementation in 2011.

The committee requested further information on the application of the criminal code’s

provision prohibiting the use of children under 16 in criminal activities, including

trafficking in drugs.

Armenia’s national committee on child protection aims to fight against children’s

involvement in the worst forms of child labour (such as trafficking or sexual exploitation)

and to support their withdrawal from such labour and re-integration in the society.

Moreover, the 2004-2015 National Plan of Action (NPA) for the Protection of the Rights

of the Child foresaw concrete support measures for vulnerable groups of children (e.g.

street children or children from rural areas) and actions to combat the worst forms of

child labour. In its 2011 report, the Committee of Experts requested more detailed

information on the role of the national committee on child protection and on the impact

of the measures taken within the 2004-2015 NPA. It also asked to be informed on actions

taken to strengthen the capacity of law enforcement bodies to combat the trafficking of

persons under 18.

Furthermore, the Committee of Experts noted that due to poverty and rising costs of

education, an increasing number of families were not in a position to ensure even a basic

education for their children. Also, an increasing number of children dropped out of the

education system to start working, primarily in the informal economy. The government

was requested to address this situation as compulsory education is considered to be one

of the most effective means to limit the occurrence of child labour.

Moreover, the committee noted that the number of children begging in the streets was

increasing and asked the government to take measures to protect children living and

working in the streets from the worst forms of child labour.

To ensure effective protection of children from the worst forms of child labour, detect

beggars and homeless children, solve the problems related to them and organise joint

activities, a dedicated interagency working group was established under the coordination

of the police in November 2013. It started its activities in 2014 and three sessions took

place in 2014-2015. Moreover, inspection check-tours were organised in Yerevan, with

the participation of the working group. Involvement of families of juvenile beggars in

relevant social programmes was also supported. As a result, some beggars/street children

were able to return to school or receive medical support.

The Armenian authorities also informed that in 2013, the 2004-2015 NPA on children’s

rights protection was repealed, and the Strategic Programme for the Protection of the

Rights of the Child and related action plan for 2013-2016 were adopted.

Minimum age for work (Convention 138)

In 2011, the Committee of Experts examined Armenia’s first report on the

implementation of the convention. The committee noted that the labour code applied only

to persons working on the basis of an employment contract, hence children working in

the informal economy, self-employed and those working in unpaid work seemed not to

be protected by the code. The committee asked the government to address this

shortcoming and to provide further information on light work and conditions in which it

could be undertaken by children, and on children’s participation in artistic performances.

Moreover, the Committee of Experts took note of the 2004-2015 National Plan of Action

for the Protection of the Rights of the Child envisaging elimination of child labour as one

of seven areas for action and asked for information on the concrete measures undertaken

in the framework of the plan’s implementation to that effect. The committee also asked

the government to ensure that sufficient data on the situation of working children were

available, including information on the number of children and young people working

below the minimum age and the nature, scope and trends of their work.

Furthermore, the Committee of Experts requested the upper age limit of compulsory

education be changed from 15 to 16 years so that it coincided with the minimum age of

admission to work. The authorities should also address the high rate of school drop-outs.

Moreover, training to labour inspectors on issues related to child labour should be

provided.

In 2014-2015, amendments to the labour code regulating participation in sport and

artistic activities by children under 14 were submitted to the government and adopted in

June 2015. Moreover, a research project on child labour, including collection of statistics,

is carried out by the ILO, starting in mid-October 2015. In the preparatory phase, a

questionnaire was developed and staff of the national statistical office and social partners

(trade unions and employers’ union) were trained by the ILO. Results of field work under

the project are expected by April 2016.

Based on two new laws on the education system adopted in April 2015 and to be enacted

in June 2017, free of charge compulsory secondary education will amount to 12 years.

The 2008-2015 programme of pre-school education reforms aimed in particular at

increasing the enrolment of upper pre-school-aged group (5 years old) up to 90 % by the

end of 2015, giving priority to families in need and communities where no pre-school

institutions operated. Changes to the Law on General Education were adopted in 2014

and provided for a gradual move to completely inclusive education by 2025. The number

of schools providing inclusive education to children with special needs was planned to

reach 150 by the end of 2015 (from 117 in 2014 and 63 in 2011; in mid-2015 there were

139 such schools).

Targeted training for specialists involved in protection of children’s rights, including

labour inspectors, are foreseen by the 2014-2016 action plan for the implementation of

the National Strategy on Human Rights, as well as the 2013-2016 Strategic Programme

for the Protection of the Rights of the Child and the timetable of measures for this

programme. NGOs also provided training in this area. Overall, however, training on child

labour issues remained under-developed in Armenia and the country would require

further support and assistance in this field.

Elimination of discrimination (Conventions 100 and 111)

In its 2013 report, the Committee of Experts requested amendments to the labour code in

order to broaden the scope of its provisions concerning equal remuneration for men and

women for work of equal value. The committee also asked the government to take

measures tackling the root causes of a persisting substantial wage gap, and to ensure that

the principle of equal remuneration was taken into account in the minimum wage

tripartite fixing process and that criteria used to determine the remuneration scales in the

public administration were free from gender bias. Moreover, the committee

recommended organising targeted awareness-raising activities on the principle of equal

remuneration for workers, employers, labour inspectors and judges.

According to the Armenian authorities, ensuring equal pay for work of equal value was

one of the government’s main priorities in respect of gender equality in recent years and

included in the Gender Policy Programme 2011-2015.

Broadening of the legislative definition of equal remuneration was foreseen to be taken

up with other amendments and supplements to the labour code planned to be prepared by

the end of 2015. The labour code includes a general provision stating that the government

should ensure equal pay and no discrimination. No specific mechanism is, however,

defined. The law ‘On Remuneration of Persons Holding Public Positions’ adopted in

December 2013 introduced a unified system for the remuneration in the public service

which entered into force in July 2014.

The ILO is implementing the project ‘Support the Public Sector Pay Reform’ aiming at

providing a comprehensive and detailed analysis of the existing public pay practice. A

relevant methodology on job evaluation methods and job classification, based on

international experience, was developed in this framework and local experts were trained

on it. Moreover, relevant recommendations and suggested solutions were reflected in the

draft amendments to the legislation on remuneration of civil servants which was intended

to be submitted to the government by the end of 2015.

In its 2013 conclusions, the Committee of Experts also asked for adoption of legislation

setting out a comprehensive and clear definition and prohibition of all kinds of direct and

indirect discrimination covering all aspects of employment and occupation, including

recruitment. Moreover, the committee noted adoption of the Gender Policy Strategic

Action Plan for 2012-2015, which included measures to eliminate discrimination based

on gender in the socioeconomic field. The committee requested information on steps

taken to develop and implement a comprehensive national strategy or policy to promote

equality and non-discrimination in all aspects of employment and occupation. It also

requested information on how the protection of ethnic minorities against discrimination

in the labour area was ensured in law and in practice. With a view to ensure effective

enforcement, the committee recommended organising awareness-raising activities on

equality and non-discrimination in employment and occupation, and strengthening

capacity of labour inspection, judges and human rights defenders in this field.

Furthermore, the committee asked that the labour code establish a definition of sexual

harassment at the workplace and prohibit this phenomenon, as well as provide an

accessible enforcement mechanism and remedies.

To improve the situation regarding discrimination in the labour area, in the period

covered by this report the Armenian authorities organised several awareness-raising

campaigns, notably on gender equality issues for different target groups. Also,

methodological guidelines to ensure gender equality in communities were adopted.

According to several sources, notably civil society organisations, effective application of

the law on equal opportunities for men and women is compromised by its lacking

mechanism and institutions for dealing with complaints on gender equality breaches,

including in the labour area. Moreover, the Women’s Council under the prime minister’s

office does not constitute an effective national gender equality mechanism, i.e. one

concerning labour issues, as it lacks policy-making functions as well as sufficient

financial and technical capacity. Furthermore, it is deemed necessary to strengthen the

overall (not only gender-specific) institutional framework regarding equality and non-

discrimination in employment and occupation. In particular, a functional authority able to

deal effectively with complaints and provide adequate support and services to

discrimination victims is missing. Cases of discrimination against minority religious

groups at the workplace, including state institutions, continued to be reported in 2014-

2015.

Future actions and priorities

In its May 2015 response to the GSP+ scorecard, without providing any precise timeline,

the Government of Armenia indicated that adopting amendments to the labour code to

bring it in compliance with international standards is a priority.

Fighting against trafficking and exploitation of human beings remains on the

government’s agenda and a number of preventive, information-sharing and capacity-

building activities are planned in relevant action plans and strategies adopted by the

government.

As a contribution to the elimination of child labour, laws that make free secondary

education compulsory will enter into force in June 2017, while the gradual move towards

completely inclusive education will continue to be achieved by 2025.

Under its 2014-2017 programme the government foresees a gradual increase of the

minimum wage, which is expected to contribute to reducing the gender pay gap. Besides,

the government acknowledges the need for awareness-raising and training programmes

(schools, education institutions, public bodies) and capacity building on state policy

programmes for ensuring gender equality, protection of child’s rights, women’s rights,

the rights of minorities and of disabled people.

Conclusions

Armenia's legislation and practice are broadly in line with the ILO fundamental

conventions. However, both should be improved on a number of points, in particular the

freedom of association for employers and workers. Armenia also needs to ensure that

labour inspection is equipped with all relevant powers and adequate resources, and that

a system is put in place that allows monitoring of compliance with the application of core

labour standards and related national legislation and collective agreements. Moreover,

the current legislation is not sufficient to prevent discrimination at the workplace. A

comprehensive anti-discrimination legislative framework still has to be developed and

adopted, including as regards the right for redress (judicial and non-judicial) and

compensations. The institutional and enforcement framework concerning anti-

discrimination and equality also needs to be strengthened.

The government continues to take actions to reduce and, in further consequence,

eliminate child labour. These efforts should be stepped up, including undertaking actions

addressing the main shortcomings identified in the GSP+ scorecards, such as insufficient

coverage by the labour legislation of children working in the informal economy or self-

employed.

It is of utmost importance that the government involve the social partners as well as the

ILO in its initiatives in the area of labour rights protection. The government informed

that a draft law on the matter was under preparation to be adopted by the end of 2016.

2.2.3. UN Conventions on Environmental Protection and Climate

Change (conventions 16-23)

Status of ratification and reporting

Armenia ratified all the GSP+-relevant conventions on environmental protection and

climate change, without reservations, and maintains their ratification. For details please

see the annex.

In 2014-2015, Armenia complied with reporting obligations to monitoring bodies of all

these conventions, with the exception of the CITES (the Biennial report for 2011-2012

remained due), Basel Convention (National Report for 2012 and 2013 remain due), and

the Cartagena Protocol (the 3rd National Report was due on 1 November 2015). For

further details please see the annex.

Status of implementation of the conventions

In 2014-2015, Armenia continued its work on the implementation of these eight

conventions, i.e. taking advantage of the EU substantial technical assistance in the

relevant areas. Nevertheless, several challenges remained to be addressed further.

Convention on International Trade in Endangered Species of Wild Flora

and Fauna (CITES)

Armenia’s national legislation related to the implementation of CITES remained ranked

as category 3, which means that it did not yet meet the requirements for the convention’s

implementation. Armenia claimed its existing legislation was compliant with the CITES’

requirements, but was so far not able to provide its English translation to the CITES

Secretariat for an assessment as requested. Such English translation was foreseen to be

accomplished and submitted to the secretariat together with Armenia’s annual national

report by the end of 2015.

In mid-2015, Armenia informed that a draft amendment to the Code of Administrative

Offences concerning penalisation of illegal trade in wild animals and plants protected by

the CITES had been submitted to the government for discussion. No further updates

concerning preparations of this amendment were available since.

The biennial report for 2011-2012 remained due and the Armenian authorities did not

specify for when they foresaw its finalisation and submission to the CITES Secretariat.

In 2014-2015, Armenia also faced a number of allegations, e.g. from the CITES

Secretariat and various NGOs and media, of illegal wildlife trade to, from and via the

country. In particular, cases of illegal imports of great apes (bonobos) were repeatedly

reported. The Armenian authorities informed on capacity-building activities undertaken

to tackle the problem of illegal wildlife trade, notably the organisation of two dedicated

workshops. On the specific case of alleged illegal imports of bonobos Armenia reported

that these allegations had been put under a juridical procedure which should reveal

possible ways of such illegal trafficking.

Armenia also informed that some encouraging improvements had recently been

registered in terms of the population status of the most vulnerable species of its fauna,

such as bear, wolf or golden jackal, as well as of Caucasian leopard, Armenian mouflon,

bezoar goat and a number of birds.

Basel Convention

No salient shortcomings regarding the implementation of the Basel Convention were

identified in Armenia’s 2014 and 2015 GSP+ scorecards. However, a lack of information

on measures taken or foreseen to effectively implement this convention was noted. It was

also put to the Armenian authorities that national reports under the convention for 2011,

2012 and 2013 remained due.

In response, Armenia reported on a number of legislative documents elaborated and

approved by the government for the implementation of the convention, in particular the

Law on Waste with about 30 related by-laws, List of Hazardous Waste, List of Restricted

Waste, Classification of Waste and Classification of Waste According to Hazard.

Armenia also informed that the annual National Report for 2012 was submitted to the

convention’s secretariat in December 2013 and the annual National Report for 2013 in

February 2015. However, this information was not yet confirmed by the secretariat.

Convention on Biological Diversity (CBD)

There were no salient shortcomings identified in Armenia in 2014-2015 as regards the

implementation of the CBD. Moreover, the Armenian authorities followed up on several

legal acts and other documents concerning flora and fauna protection developed and/or

adopted during 2009-2013, with the aim to ensure biodiversity conservation and

sustainable use. In particular, the government approved the Strategy and National Action

Plan on Development of Specially Protected Nature Areas as well as Measures in the

Field of Conservation and Use. Armenia also informed about other achievements related

to CBD’s implementation in the reporting period, such as activities on-going under the

projects ‘Forming Passports and Mapping of the Monuments of Nature and their

Conservation Zones’ and ‘Development of the System of Specifically Protected Areas’ or

implementation of the 2012-2015 project ‘Forest Landscape Restoration in Northern

Armenia’.

Stockholm Convention on Persistent Organic Pollutants

No salient shortcomings concerning the implementation of the Stockholm Convention

were identified in Armenia’s 2014 and 2015 GSP+ scorecards. However, a lack of

information on measures taken or foreseen to effectively implement this convention was

communicated to the authorities.

Armenia clarified that a domestic legislative framework had been elaborated in order to

ensure proper implementation of the convention. Moreover, the Guidance on

Polychlorinated Biphenyls (PCB) Containing Waste Management and Rules for the

Handling of Obsolete Pesticides were adopted. Additionally, an inventory on obsolete

POPs pesticides, the burial site and contaminated soils was performed and an inventory

of dioxins/furans main release sources was accomplished. An inventory of PCB-

containing equipment and oils in energy and industry sectors was also carried out.

Furthermore, Armenia reported that the 3rd National Report was submitted to the

convention’s secretariat in August 2014. It also informed on the development of updates

to the first National Implementation Plan, which was approved in 2005.

Convention on Biosafety (Cartagena)

Concerning the implementation of the Cartagena Protocol on Biosafety, in its 2nd

National Report submitted in December 2011 (latest information available) Armenia

informed that its domestic regulatory framework was only partially in place. Armenia did

not regulate the transit and contained use of living modified organisms (LMOs). Armenia

disposed of a few sampling laboratories and scientific potential to detect and identify

LMOs, but legislation and administrative measures for the operation of the advance

informed agreement (AIA) procedure was lacking. Moreover, training for experts and

experience exchange would be necessary in this field. Also, no legal acts determining

special import procedures for LMOs envisaged for use as food or feed were adopted. The

3rd National Report was due (by all parties of the protocol) by the end of October 2015.

Conventions on Climate Change

There were no salient shortcomings in Armenia as regards the implementation of the

Montreal Protocol on Substances that Deplete the Ozone Layer in 2014-2015. Moreover,

an assessment of Armenia’s preparedness for harmonising its legislation controlling the

field of ozone-depleting substances (ODS) legislation with that of the EU was carried

out. ODS consumption data were collected, cross-checked and submitted to the

protocol’s secretariat in a timely manner. Furthermore, various awareness-raising and

training activities on climate change and ODS took place. In particular, two training

sessions on ‘Prevention of Illegal Trade in Ozone-Depleting Substances’ were carried out

for customs officials in March 2014.

Concerning the implementation of the United Nations Framework Convention on

Climate Change (UNFCCC), no salient shortcomings were identified in Armenia’s 2014

and 2015 GSP+ scorecards. Armenia submitted to the UNFCCC Secretariat its 2010

National Inventory Report in November 2014 and its third National Communication in

April 2015. However, it still needs to finalise and submit its first Biannual Progress

Report, due by the end of 2014. A National Appropriate Mitigation Action (NAMA)

project on ‘Energy Efficient Public Buildings and Housing in Armenia’ was developed

and submitted to the UNFCCC NAMA Registry seeking support for the implementation.

Armenia submitted its Intended Nationally Determined Contribution (INDC) to the 2015

Climate Agreement on 29 September 2015.

Climate change mitigation and adaptation remain dealt with through various sectorial

laws and policy documents, and it is still necessary to establish a framework legal act and

policy in this area. Insufficient institutional capacity remains a significant limiting factor

and continuous international support is necessary.

No salient problems were identified in Armenia’s implementation of the Kyoto Protocol

to the UN Framework Convention on Climate Change in 2014-2015. Moreover, the Doha

amendment to the protocol was translated into Armenian, adopted by the government and

submitted to the National Assembly for ratification.

Conclusions

In 2014-2015, Armenia continued to make efforts to protect the environment. This was

reflected in the implementation of the existing legal framework as well as in preparation

of several new laws and by-laws. In particular, specific legislation on environmental

protection was introduced in several sectors (e.g. air, water, nature protection).

However, the system of horizontal legislation needs to be developed further. A

general/framework environmental law which would improve legislation on principles

and basic procedures such as issuing of permits was discussed but still needs to be

drafted, adopted and enacted.

Specifically as regards the implementation of the CITES, Armenia’s legislation remained

classified as not meeting the convention’s requirements and the authorities did not

provide sufficiently clear indications as to when this shortcoming would be properly

addressed. Progress also remains necessary on the fight against illegal trade in wildlife

and on complying with reporting obligations under the CITES.

Concerning the Basel Convention, CBD and Stockholm Convention, the reporting

situation was satisfactory, but more detailed clarifications from the Armenian authorities

would be welcomed on national legislation linked to the Basel and Stockholm

Conventions’ implementation.

Regarding the implementation of the Montreal Protocol, UNFCCC and Kyoto Protocol,

Armenia is progressing, however it is still necessary that a framework legal act and

policy in this area is established, also to support the implementation of the 2015 Climate

Agreement. To this end, significant donor support remains at Armenia’s disposal.

Overall, Armenia takes good advantage of the EU substantial assistance on

environmental protection and tackling of climate change and intends to continue doing

so also to support its future priorities and objectives in these areas.

There are currently several projects on-going to achieve objectives of the CBD, such as

the Forest Law Enforcement and Governance programme, sustainable biodiversity

management in South Caucasus, reintroduction of the Caucasian red deer in Armenia or

protection of the Caucasus leopard.

Moreover, a number of activities supported by EU funding are planned for the

implementation of the Montreal Protocol, e.g. aligning the national ODS legislation with

that of the EU, continuation of development of the Hydrochlorofluorocarbons Phase-Out

Management Plan, carrying out of further awareness-raising activities and training of

customs officers and refrigeration technicians.

EU technical assistance for the implementation of the UNFCCC continues to be provided

through the regional Clima East Policy project, focussing in particular on strengthening

the capacity of policy-makers to contribute to the preparation and implementation of the

2015 Climate Agreement and on the development of medium and long term mitigation

policies.

2.2.4. UN Conventions on Good Governance (conventions 24-

27)

Status of ratification and reporting

Armenia ratified the three core UN conventions on fighting illegal drugs (UN Single

Conventions on Narcotic Drugs, UN Convention on Psychotropic Substances and UN

Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances) on 13

September 1993, and the UN Convention against Corruption (UNCAC) on 8 March

2007, all without reservations, and maintains their ratification. For further details please

see the annex.

In 2014-2015, Armenia made effort to comply with its reporting obligations to

monitoring bodies of these conventions. As of January 2015, Armenia was compliant

with all requests for monitoring information from the monitoring body of the three core

UN conventions on fighting illegal drugs (International Narcotic Control Board —

INCB). Regarding the UNCAC, Armenia has fully complied with reporting obligations.

Reviewing of Armenia's compliance with the UNCAC is carried out by the UNCAC

Implementation Review Group. The executive summary of the most recent review was

made available to the public in March 2015.

Status of implementation of the conventions

Regarding the implementation of the core international conventions fighting illegal drugs

and corruption, in 2014-2015 Armenia continued to face important challenges,

particularly in the latter area. It is also there where, despite the authorities’ increased

efforts, substantial additional improvements will have to be achieved.

UN Conventions fighting illegal drugs

The main shortcomings identified in Armenia’s implementation of these conventions

were the need to further reinforce the system for the control of diversion of precursors,

the need to improve the availability of narcotic drugs for medical use, the need to reduce

further the use of drugs by inmates in the prison system and the need to sign the

Memorandum of Understanding with the European Monitoring Centre for Drugs and

Drug Addiction (EMCDDA) concerning the monitoring and evaluation system. There

was also a need to ensure access to essential medicines, including antiretroviral

medicines, oral opioids and methadone for vulnerable people.

In order to effectively implement its obligations under these conventions and to

strengthen the control on the circulation and to prevent the illegal traffic of narcotic

drugs, psychotropic substances and their precursors in Armenia, a draft decree ‘On

making amendments and supplement to 2010 Decree No 270-N on establishing the rules

of traffic in narcotic drugs and psychotropic substances and their precursors’ was

elaborated. This draft, however, was not yet adopted and put in application. To further

reinforce the system of the control of diversion of precursors, several changes were made

in the Appendices of Criminal and Administrative Offences codes of Armenia and 115

names of ‘spice’ type drug were added in December 2014.

Armenia adopted a new national strategy on the fight against drug addiction and illicit

traffic of drugs in December 2014. This strategy aims to reinforce fight against drug

addiction and illicit traffic of narcotic drugs. It foresees implementation of a series of

activities in the fields of prevention and public awareness-raising, elimination of illicit

drug trafficking, rehabilitation and integration of drug abusers and overall control of all

layers of the society involved in the illegal ‘business’. This strategy also defines how to

proceed to reduce drug usage in the prison system.

In September 2014, the government adopted the 2015 National Action Plan against Drug

Addiction and Illicit Drug Traffic. This action plan contains a number of activities

directed to the improvement of legislation in order to implement international

conventions and effectively fight against drug addiction and illegal drug traffic, training,

capacity building and information sharing. The action plan foresees also implementation

of preventive and special activities in the territory of Armenia and on borders to identify

illegal trade of drugs and prevent the use of drugs and psychotropic substances in the

country.

In July 2015, Armenia signed a memorandum of understanding with the EMCDDA

concerning the monitoring and evaluation system. This memorandum was concluded for

an initial period of 5 years and cooperation would be implemented through a joint work

programme that would be updated every 3 years. The agreement provides for an

exchange of technical expertise and knowledge, co-sponsoring of technical meetings and

pooling of human and financial resources to launch joint programmes. It was agreed that

the Armenian side would endeavour to present to the EMCDDA an annual report on the

drug situation in Armenia. The EMCDDA, for its part, would facilitate training as well as

the exchange of experts and scientific research findings on issues of mutual interest

UN Convention against Corruption (UNCAC)

Regarding Armenia’s compliance with the requirements of the UNCAC, the executive

summary of the most recent monitoring body review (made available in March 2015)

identified a need for a closer alignment of the Armenian legislation with the definitions

in Articles 15 and 16 of the convention as well as for the full implementation of Article

31(1)(b), and a need to further enhance law enforcement cooperation, including at the

international level.

Moreover, the institutional framework of the monitoring division of the government staff

at the prime minister’s office, acting as the secretariat of the Anti-corruption Council

established in 2015, continued to lack the financial and human resource capacity

necessary to effectively monitor and coordinate the future implementation of the 2015-

2018 Anti-corruption Strategy and Action Plan. Also, this body was not considered

genuinely independent. Moreover, it remained necessary to strengthen the mandate and

functions of the Ethics Committee for High-Ranking Officials to ensure it became truly

operational.

The 2014 GRECO (Council of Europe’s Group of States against Corruption) analysis

assessed that their 2011 recommendations had been implemented satisfactorily by the

Armenian authorities. Moreover, UNCAC reviewing experts highlighted some legal

provisions which could be regarded as a good practice, including the aim to expedite

international cooperation and mutual legal assistance.

A Concept Paper on the Fight Against Corruption in the Public Administration System

was approved in April 2014. It focused on the areas of education, state revenues, police

and healthcare. The concept paper emphasised many important principles, such as

participation and transparency. In particular, it stated that representatives of state power

and public institutions had to ensure accessibility of information related to the public

interest, transparency of the decision-making process and the participation of civil

society in this process. There was also a commitment to ensure the engagement of civil

society and the business community in the implementation of specific preventive

measures against corruption. On the basis of this concept paper a new 2015-2018 Anti-

corruption Strategy and related action plan for its implementation were drafted and

discussed within the Armenian administration as well as with international experts, civil

society and other stakeholders. In September 2015, the Armenian government approved

the two documents. Discussions were, however, pending regarding the allocation of

funds for their implementation in 2016.

Conclusions

Regarding the implementation of the three core UN conventions fighting illegal drugs in

2014-2015, Armenia demonstrated a considerable improvement in its efforts to address

salient shortcomings in this area. The government made combating trafficking in

narcotic drugs a priority. Important progress was achieved in the normative framework

aimed at strengthening the government’s capacity to address drug trafficking and related

corruption and violence. Thanks to the efforts of law enforcement bodies, the fight

against the illegal drug circulation became stable and the drug-related situation was put

under control. Armenia reported a decrease of 9.4 % of drug-related crimes in the first

half of 2014 compared to the same period in 2013. Drug addiction treatment resources

increased and precursors became strictly regulated. In July 2015, Armenia signed a

memorandum of understanding with the EU anti-drugs agency (EMCDDA).

The fight against corruption remained one of the major challenges for Armenia in 2014-

2015, and it will continue to be so in the coming period. Armenia adopted a

comprehensive concept paper for an anti-corruption strategy in 2014 and, following

discussions of a draft strategy and a related action plan with stakeholders, the strategy

and action plan were adopted by the government in September 2015. Specific priorities

will be healthcare, education, state revenue collection and the police. Major progress in

the practical implementation of the strategy is, however, yet to be achieved. In

particular, Armenia will have to substantially improve the implementation and

enforcement of the existing anti-corruption legislation, including through reinforcing

institutional capacities in this area. The recent focus of the Armenian authorities on

strengthening the public procurement and internal and financial control systems are also

key to prevent and control corruption in the country in the future. The government’s

priorities for the future include also introduction of a legal ‘public servant’ class,

increasing transparency of governance and ensuring liability by law for corruption

offences.

The EU foresees targeting its future assistance in this area on the implementation of anti-

corruption and civil service reforms. As regards anti-corruption reforms, the emphasis

will be on supporting the implementation of the new anti-corruption strategy, including a

focus on ethics schemes and reducing opportunities for corruption at the borders through

a single window system. Legislative reforms will include the protection of whistle-

blowers. There will also be focus on strengthening of interactions between the Armenian

institutions and civil society organisations with a view to enhancing the overall

accountability of the authorities’ activity. On civil service reforms, the emphasis will be

on the adoption and implementation of a civil service reform strategy and action plan in

line with EU standards. SIGMA project will continue to provide support to the Ethics

Commission for High-Ranking Officials.

2.3.Trade and Economy

2.3.1. Trade Picture

The Armenian economy grew in 2014, although moderately (3.5 % GDP growth),

pushed by the service and agriculture sectors. This positive trend continued in the first

half of 2015 (4.1 % GDP growth), as a result of the good performance of the agriculture

and mining sectors.

The EU-Armenia bilateral trade relations are currently regulated by a Partnership and

Cooperation Agreement from the 1990s. Negotiations launched in 2010 to replace this

outdated agreement by an Association Agreement, including a Deep and Comprehensive

Free Trade Area, were concluded in July 2013, but the agreement was not signed

following Armenia’s decision to join the Eurasian Economic Union. At the Riga Eastern

Partnership Summit in May 2015 the EU and Armenia decided to negotiate a new

framework agreement which would develop and strengthen bilateral cooperation in all

areas of mutual interest within the Eastern Partnership framework.

The EU is Armenia’s main trading partner accounting for around 26.6 % of Armenia’s

total trade. Bilateral trade flows in 2014 amounted to EUR 0.9 billion. The EU continues

to be Armenia’s biggest export and import market with, respectively, a 28.8 % and

25.8 % share in total Armenian exports and imports. EU imports from Armenia in 2014

amounted to 0.2 billion and mainly consist of manufactured goods, crude material,

miscellaneous manufactured articles, and beverages and tobacco. EU exports to Armenia

amounted to 0.7 billion in 2014 and are dominated by machinery and transport

equipment, manufactured goods, miscellaneous manufactured articles and chemicals.

2.3.2. GSP+ Statistics

GSP/GSP+ preferences have a significant trade and economic importance for Armenia,

in particular in the absence of a bilateral FTA. Around 26 % or EUR 59.6 million of

Armenia’s exports to the EU came under the GSP/GSP+ regime in 2014. This, however,

represents a significant drop compared to 2012, when Armenia’s GSP/GSP+ exports

amounted to EUR 90.7 million and represented 33 % of the Armenian total exports to the

EU (2013 figures were almost identical to 2014 ones — EUR 58.2 million and 27 %).

Moreover, Armenia still registered quite a good GSP utilisation rate — 72.8 % — in

2014, but it was less than the 78.3 % in 2013 and in particular than the 89.8 % in 2012.

Furthermore, Armenia’s GSP/GSP+ exports remain heavily concentrated in very few

goods with a rather low value added — in 2014, iron, steel and products made thereof

represented 51 % of Armenia’s GSP/GSP+ exports and clothing 33 % (in 2013, ferro-

molybdenum took 60 % share and clothing 20 %).

Therefore there is room for Armenia to make additional efforts to improve its GSP/GSP+

use and increase and notably diversify its exports to the EU, preferably with items of

higher value added.

Figures 2.1-2.3 below describe Armenia’s utilisation of the GSP+, in the context of its

overall imports to the EU.

Source for all statistics: Eurostat data, as of September 2015.

Figure 2.1

Armenia - Imports to the EU, 2012-2015

Figures in thousand EUR

Total imports to EU

GSP+ eligible imports

GSP+ preferential imports

GSP+ utilisation rate

2012

273,629

100,117

90,063

89.96%

2013

215,542

74,418

58,239

78.26%

2014

228,616

81,814

59,583

72.83%

2015 (Q1-2)

143,504

75,896

58,601

77.21%

Trend 2012-

2014

-16.45%

-18.28%

-33.84%

-19.04%

Figure 2.2

Figure 2.3

Bolivia– GSP+ Assessment

3.1.Country Overview

After a long period of political and economic instability, incumbent President Morales

took office in 2006, embarking on a

social and economic

reform process. This led to the

creation of the Plurinational State of Bolivia, and the adoption of a new constitution in

2009, with provisions on the protection of a number of human rights and references to

the rights of Mother Earth and indigenous values at its core. The 2009 constitution

acknowledges the existence of a multinational state with four different levels of

government (departmental, provincial, municipal and native indigenous territories). The

constitution also recognises the right of indigenous communities to self-government, to

establish a legal system and policies regarding indigenous rights, and to govern their own

institutions, languages, symbols and land rights. According to the 2012 census, 41 % of

Bolivia’s population older than 15 considered themselves as part of one of the 36 peoples

of indigenous origin (which is the highest percentage of indigenous peoples in Latin

America), and 42 % of the population in Bolivia is under the age of 20.

The reform process has been marked by the nationalisation of the hydrocarbon industry

and sizeable public investment, translating into notable progress in poverty reduction and

access to education and public health services. While the government continues to make

significant efforts to reduce poverty, Bolivia still faces challenges linked to inequality in

income distribution: the Gini coefficient was 0.48 in 2013 (down from 0.60 in 2002).

This affects rural areas in particular. As a result of widespread poverty in rural areas,

many children are engaged in child labour, including in agriculture and in mining. Apart

from continued poverty reduction, the need to strengthen institutional capacities and the

justice system remain important challenges.

Bolivia is the world’s third-largest producer of coca leaf and cocaine. Chewing of coca

leaf is a traditional practice in the country and permitted on its territory. The fight against

illicit drugs is a longstanding public concern in Bolivia and a priority issue for the

government. Bolivia has taken measures to reduce the production of coca leaf and there

is well-established cooperation with the EU in the field of drugs.

Bolivia is the largest recipient of bilateral EU development assistance in Latin America

(EUR 281 million in 2014-2020). In 2014-2016 assistance will focus on justice reform,

counter-narcotics and integrated water resources management.

3.2.Compliance with GSP+ Obligations

3.2.1. UN Human Rights Conventions (conventions 1-7)

Status of ratification and reporting

Bolivia has accessed or ratified, and maintained ratification, with no reservation, the

seven UN human rights conventions listed in Annex VIII of Regulation (EU)

No 978/2012 applying a scheme of generalised tariff preferences.

Bolivia complies with all its reporting obligations to monitoring bodies, with the

exception of the International Convention on the Elimination of All Forms of Racial

Discrimination (CERD), the International Covenant on Economic, Social and Cultural

Rights (ICESC), and the Convention on the Rights of the Child (CRC). On CERD, the

report due in 2013 has not yet been submitted. On ICESC, the report due in 2010 has not

yet been submitted. On CRC, the report due in September 2015 has not yet been

submitted.

Further details on the compliance with reporting obligations can be found in the annex.

Status of implementation of the conventions

International Convention on the Elimination of All Forms of Racial

Discrimination

According to the UN special rapporteur on racism, discrimination against indigenous

peoples, Afro-Bolivians and other vulnerable communities and groups still persists, and

is exacerbated by structural inequalities that reinforce their exclusion and

vulnerability (

). In the October 2014 Universal Periodic Review of Bolivia, some

recommendations referred to combating racism and all forms of discrimination,

especially with respect to women, children, indigenous peoples and Afro-Bolivians.

Discrimination because of ethnic origin has a particular impact on women. To tackle this

issue, the Bolivian authorities have carried out awareness-raising campaigns and

workshops in line with the 2012 Human Rights Education Plan. Departments have been

instructed to implement a programme on prevention of discrimination and racism in

educational establishments. This is in line with the 2010 Bolivian Law against Racism

and all Practices of Discrimination.

International Covenant on Civil and Political Rights (ICCPR)

The 2013 Law on Legal Entities and the Presidential Decree 1597 regulate the granting

of legal status to social organisations, non-governmental organisations, foundations and

civil non-profit entities. The UN Special Rapporteur on the rights to freedom of peaceful

assembly and of association filed a brief to the Constitutional Court arguing that national

law, and the relevant executive decree unjustifiably restrict the right to freedom of

association under international law, through conditioning legal personality upon the

organisation's contribution to economic and social development and stipulating the

possibility of revoking NGOs' legal status on grounds of non-compliance with sectorial

policies and standards.

The UN Human Rights Committee has recommended that Bolivia should redouble its

efforts to ensure judicial independence, including by establishing a system of judicial

appointments and judicial service based on objective and transparent criteria (

http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=12495&LangID=E#

sthash.vIFRKawO.dpuf

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%2fBOL %2fCO %2f3&Lang=en

The implementation of the right to prior, free and informed consent, particularly with

respect to extractive industry projects, remains pending. According to the UN Human

Rights Committee, the development of a draft law on this topic has been accompanied by

consultation but not adequate consent of indigenous communities.

The Human Rights Committee has expressed concerns about reports of verbal and

physical violence against human rights defenders and journalists and the increasing

number of criminal proceedings being brought against them. Some of the

recommendations in the 2014 UPR addressed the issue of protection of human rights

defenders and journalists, as well as of necessity to guarantee freedom of expression and

the media law to be in accordance with international human rights instruments.

In order to tackle overcrowded prisons and overused pre-trial detention, legislation was

introduced in 2014 on decongestion and effectiveness of the judicial procedural system.

This aims to accelerate the processing of court cases and reduce delays. A decree adopted

in 2013 foresaw granting of pardon or amnesty for minor offences. A second decree was

adopted in July 2015 also granting pardon or amnesty for persons incarcerated

preventively accused of minor offences.

Convention on the Elimination of All Forms of Discrimination Against

Women (CEDAW)

Implementation shortcomings with regard to the Convention on the Elimination of All

Forms of Discrimination against Women (CEDAW) relate in particular to (i)

marginalisation of the Afro-Bolivian community (mainly women), (ii) violence against

women, including trafficking, domestic and sexual violence (iii) that the judicial system

prioritises reconciliation and family integrity over protection from domestic violence, (iv)

vulnerability of girls in child labour, and (v) the high rate of teenage pregnancies.

Two new laws on violence against women were enacted in 2012 and 2013, but there have

been few successful prosecutions on femicide (

). Femicides continue to be registered as

homicides, warranting a lower penalty. The creation of a unified register of violence

against women, where perpetrators will be registered, is still pending.

The 2012 Census, which introduced the criterion of self-identification, provided

statistical data on Bolivia’s Afro-Bolivian community. The Afro-Bolivian community is

represented in the National Parliament, municipalities and other public instances. Bolivia

has declared 23 September the National Day of the Afro-Bolivian People and Culture.

Bolivia adopted a plan on early pregnancy prevention for adolescents and young people

in 2015. The plan aims to contribute to decreasing early pregnancy by strengthening the

protection of sexual and reproductive rights through education and better access to justice

and health services.

The 2014 Family Law entered into force in August 2015. The law introduced the

freedom to use only the maternal surname, easier access to divorce, equal status of

cohabitation and marriage, definition of child support and set the minimum age for

marriage at 18 (with a possible exception allowing marriage at 16).

In the first 2 years of Law 348 guaranteeing every woman a life without violence, 115

femicides were registered, with only 15 resulting in a sentence.

The 2014 general elections gave women a significant presence in the National Parliament

(48%).

Convention against Torture and other Cruel, Inhuman or Degrading

Treatment or Punishment

Key concerns on the Convention against Torture and other Cruel, Inhuman or Degrading

Treatment or Punishment (CAT) relate to inadequate definition of torture under national

law and deficient prosecution of torture cases. Bolivia plans to address this issue in the

context of an overall reform of the penal system, taking into account the constitution and

commitments under international conventions.

Convention on the Rights of the Child

Forced work and exploitation of children is forbidden by the constitution. However, child

labour is widespread, especially in rural areas. The 2008 study by ILO and INE (National

Institute of Statistics) established that 22.7 % of children aged 5 to 13 worked (

Human trafficking remains a challenge for Bolivia, including policies on the return of

victims of human trafficking and their rehabilitation and reintegration into the labour

market. The Ministry of Justice presented a National Plan against Human Trafficking

2015-2019 in August 2015. Trafficking cases have increased during recent years.

According to the Supreme Tribunal of Justice 184 processes of trafficking were attended

in 2014 — but only 11 reached a sentence.

The 2014 Law on Children and Adolescents set out a wide range of measures for the

protection of children, including the protection of personal integrity and protection

against violence including sexual violence, prohibition to engage children in various

forms of hazardous work, (such as mining and construction) as well as collection of data

on child labour. At the same time the law conflicts with the ILO Convention 138 (see

section on labour conventions).

Further steps are needed to address the situation of the Guarani children in the Chaco

region, children engaging in hazardous work in mining, high number of children living in

prison with their parents, violence against children including trafficking, domestic and

sexual violence.

In line with the 2013-2015 Access to Justice Programme, the Bolivian authorities are

taking measures to eradicate forced labour of indigenous families, especially children, in

the Chaco and the Bolivian Amazon regions through pilot projects in four departments.

Department work plans have been elaborated to promote the removal of children living in

prison and provide alternative care. A joint effort in 2013 between the ombudsman, the

prison regime and the prisoners reduced the number of children living in prison with

approximately 30 %.

According to the Law No 548, a revision of the baseline data was due in 2015, but is has been

postponed to 2016.

Convention on the Prevention and Punishment of the Crime of

Genocide

No salient shortcomings have been identified in Bolivia relating to the implementation of

the Convention on the Prevention and Punishment of the Crime of Genocide.

Future actions and priorities

The new 2014-2018 National Human Rights Action Plan includes six strategic areas:

civil and political rights; economic, social and cultural rights; the rights of rural native

peoples and nations; women’s rights; the rights of people in vulnerable situations; and

the management of rights. The Patriotic Agenda 2025, launched in January 2013,

contains 13 pillars with references, for example, to eradication of poverty, access to

education and health. While there is no explicit reference to human rights in the Patriotic

Agenda, the Human Rights Action Plan gives priority to the rights highlighted in the

Patriotic Agenda.

Bolivia is a member of the UN Human Rights Council for the period 2015-2017.

Conclusions

Given delays or the length of time before the next reports are due, this assessment is

based on the existing documents related to the effective implementation of mainly CERD,

ICCPR and ICESCR. The country also underwent its second Universal Periodic Review

that allowed for a frank discussion on advances and further challenges in the area of

human rights. During the reporting period, Bolivia was elected to the UN Human Rights

Council for the period 2015-2017.

Bolivia has made substantial progress in effectively implementing human rights

commitments in 2014-2015, taking into account the overall socioeconomic situation. The

constitution, together with the Patriotic Agenda 2025 and the National Plan for Human

Rights 2014-2018, provide a solid basis to better promote and protect human rights. In

particular, Bolivia has made efforts to eradicate poverty and improve access to

education, health, food and housing.

Bolivia has adopted several new legislative acts to improve the human rights situation

and to implement its international human rights commitments, but the challenge remains

to ensure that the legislation is implemented systematically and effectively.

A particular concern is the minimum age to work, as stipulated in the Law of Children

and Adolescents, which conflicts with the ILO Convention 138 (see section on labour

conventions). Strengthening the independence and efficiency of the justice system and

guaranteeing full respect of fundamental freedoms needs further attention.

3.2.2. ILO Labour Rights Conventions (conventions 8-15)

Status of ratification and reporting

The Plurinational State of Bolivia has ratified all eight ILO fundamental conventions, and

has maintained ratification. Bolivia complies with all its reporting obligations under these

conventions.

Status of implementation of the conventions

Freedom of Association and Collective Bargaining (Conventions 87 and

98)

In its observation from 2014, the ILO Committee of Experts on the Application of

Conventions and Recommendations (CEACR, hereinafter referred to as Committee of

Experts) requested the government to comment on the allegations concerning police

aggression during trade unions demonstrations. According to the information provided

by the national authorities, the Ministry of Labour, Employment and Social Security

through the General Direction of Union Affairs, is involved in conflict prevention and

mediation.

The Committee of Experts recalled that for many years it has been commenting on

several legislative matters and noted with satisfaction the information provided by the

government concerning the repeal of section 234 of the penal code, namely the

requirement of a three-quarters majority of the workers in order to call a strike.

The Committee of Experts also noted the government’s indication that: (i) a new General

Labour Act is being prepared which, among other matters, provides for the inclusion of

rural and agricultural workers so that they can benefit from all social rights, and

envisages a requirement of 20 workers to establish a union at the enterprise or industrial

level; and (ii) with regard to the right to organise of public officials, a bill on public

servants has been prepared which is to be examined and approved by the legislative

authorities.

The Committee of Experts expressed the firm hope that the new General Labour Act and

the act on public servants will be adopted in the very near future and that they will be in

full conformity with the provisions of the conventions. A new General Labour Act

should (i) adjust the amount of the fines for acts of anti-union discrimination or

interference so that they are sufficiently dissuasive; and (ii) explicitly grant the

guarantees afforded by the convention to public servants who are not engaged in the

administration of the state and to all agricultural workers, whether they are wage earners

or own-account workers.

Forced or Compulsory Labour (Conventions 29 and 105)

In its latest report from 2015, the Committee of Experts recognised the measures adopted

by the government to combat the practices of forced labour and servitude, of which

certain members of the indigenous communities, particularly the Quechua and Guaraní

peoples working in agriculture, are victims. It asked the government to pursue efforts to

eradicate these practices and protect victims. It noted in particular the activities carried

out by the Fundamental Rights Unit of the Ministry of Labour within the framework of

the Development Plan for the Guaraní People, the strengthening of labour inspection at

regional level and the land distribution process.

The Committee of Experts encouraged the government to continue to strengthen the state

presence in areas where incidents of forced labour have been identified, particularly by

continuing to carry out awareness-raising and capacity-building activities among at-risk

groups. It also recalled the importance of measures to combat the root causes of the

vulnerability of the victims, of policies aimed at ensuring greater autonomy of at-risk

groups and of combating poverty. The Committee of Experts also requested the

government to strengthen the capacity of other actors involved in combating forced

labour, such as prosecution authorities and judges.

The absence of complaints by victims of forced labour before the competent

administrative and judicial authorities does not necessarily indicate an absence of

violations, but could reveal a limited access to law enforcement authorities, a lack of

legal awareness on the part of the victims or fear of reprisals. Therefore, the Committee

of Experts requested the government ensure close cooperation between the labour

inspectorate and the public prosecutor so that no situation of forced labour goes

unpunished.

In order to address cases of trafficking in persons, Bolivia adopted in July 2012 the

Organic Law Against Trafficking and Smuggling of Persons and, in February 2013, the

corresponding implementing regulations. The act defines the fundamental components of

trafficking in persons and provides for penalties, provisions noted with interest by the

Committee of Experts. Moreover the act establishes a framework to combat trafficking

through measures and mechanisms for prevention, comprehensive victim protection,

international and national cooperation, and punishment. The act also provides for the

establishment of the Plurinational Council against the trafficking and smuggling of

persons, which, in turn, shall develop and implement the plurinational policy against the

trafficking and smuggling of persons adopted in January 2014 and will be the

coordinating body in this area.

As regards possible punishment with forced labour for expressing certain political views

the Committee of Experts noted concerns expressed by UN Human Rights Committee at

‘reports of verbal and physical violence against journalists and the increasing number of

criminal proceedings being brought against them’. The Committee of Experts requested

the government to provide information on the criminal proceedings under way against

journalists, indicating the legislative provisions under which they were initiated and,

where relevant, the sentences which have been imposed.

As regards possible punishments for having participated in strikes, the Committee of

Experts noted in its 2015 report with interest the changes made to certain provisions of

the criminal code aiming at the decriminalisation of the right to strike and the protection

of the right to organise. Nevertheless the committee noted that there are several other

provisions which need to be brought in line with Convention 105, especially provisions

under which prison sentences could be imposed for participation in strikes, provisions

which according to the government are not applied in practice.

Worst Forms of Child Labour (Convention 182)

In its latest report from 2015, the Committee of Experts again urged the government to

take the necessary measures to prevent children from becoming victims of debt bondage

or forced labour in the sugar cane- and Brazil nut-harvesting industries and to remove

child victims from these worst forms of child labour and ensure their rehabilitation and

social integration.

Moreover, worst forms of child labour also occur in mines and the construction sector

and also affect street children. An estimated 3 800 children work in the tin, zinc, silver

and gold mines in the country, while overall, according to a national report published by

ILO–IPEC in 2008, 437 000 children under 14 years of age were engaged in hazardous

work, thus the large majority of the estimated 491 000 working children under 14 years

perform hazardous work.

Cases of trafficking of children also occur in the country. In this respect the Committee

of Experts noted with interest the adoption of the Integral Law on the Sale and

Trafficking of Persons, in February 2012, especially provisions under this law which give

special attention to children like enhanced penalties for trafficking crimes that involve

children or the protection and rehabilitation of child victims.

Given the lack of resources concerning labour inspectors in the country and the

difficulties encountered in gaining access to some plantations there is a need to intensify

efforts in this regard in order to effectively detect child labour.

Moreover the committee requested the government to intensify the efforts to protect

indigenous children from the worst forms of child labour, including in cooperation with

UNICEF.

Given the importance of basic education in preventing the engagement of children in the

worst forms of child labour and noting the discrepancy between school attendance in

primary and secondary school, the committee strongly encouraged the government to

continue to strengthen its efforts to improve the functioning of the education system and

to increase the school attendance rate at the secondary level, including within the

framework of the 2013-2017 Plan of Action with UNICEF and the Institutional Strategic

Plan (PEI). According to statistical information from 2012 provided by UNICEF, the net

enrolment rate in primary school was 91.2 % for boys and 91.5 % for girls, but decreased

to 69.6 % for boys and 70.5 % for girls in secondary school.

Minimum Age for Admission to Employment (Convention 138)

On 17 July 2014, Bolivia adopted Law No 548 on Children and Adolescents’ Code

authorising children to work from age 12 for an employer and from age 10 if self-

employed. The Bolivian Government stated that lowering the working age reflected the

Bolivian reality, as one of the poorest countries in South America.

In its assessment from 2014, which was published in 2015, the Committee of Experts

strongly deplored these recent amendments and emphasised that the objective of the

convention is to eliminate child labour and that it allows and encourages the raising of

the minimum age but does not permit the lowering of the minimum age once specified.

The Committee of Experts recalled that Bolivia specified a minimum age of 14 years

when ratifying the convention and that the derogation from the minimum age for

admission to employment under section 129 of the Children’s and Adolescents’ Code is

not in conformity with this provision of the convention. Moreover, the Committee of

Experts noted with deep concern the distinction between the minimum age for children

who are self-employed, at 10 years, and for children who are in an employment

relationship, at 12 years.

The Committee of Experts is of the firm view that self-employed children should be

guaranteed at least the same legislative protection, particularly in view of the fact that

many of these children are working in the informal economy in hazardous conditions. It

therefore strongly urged the government to take immediate measures to ensure the

amendment of parts of the Children’s and Adolescents’ Code to fix the minimum age for

admission to employment or work as well as for admission to apprenticeship in

conformity with the age specified at the time of ratification and the requirements of the

convention, to at least 14 years.

Moreover, the Committee of Experts urged the government to take immediate measures

to ensure the amendment of the Children’s and Adolescents’ Code to establish a lower

minimum age of 12 years for admission to light work, in conformity with the conditions

of Article 7(1) and (4) of the convention.

The government argued that these two exceptions have a transitory character of 5 years,

then Bolivia intends to have eradicated child labour.

The committee also urged the government to take measures to implement a national plan

of action for children to ensure the progressive elimination of all forms of child labour,

and not just its worst forms, paying particular attention to children living in rural areas

and engaged in hazardous types of work.

Overall, according to a national report from 2008 published by ILO–IPEC, the incidence

of child labour among the children aged 5-13 years old was 22.7% or 491 000 children

with the large majority (437 000) engaged in hazardous work.

Bolivia’s implementation of Convention 138 was discussed as a double-footnoted

country case (requiring the Government of Bolivia to provide full information) at the

International Labour Conference (ILC) in 2015.

Taking into account the discussion that took place in June 2015, the ILC Committee on

the Application of Standards (CAS, hereinafter referred to as Conference Committee)

urged the government to:

•

repeal the provisions of the legislation setting the minimum age for admission to

employment or work and light work of the Children’s and Adolescents’ Code of 17

July 2014;

immediately prepare a new law, in consultation with the social partners, increasing

the minimum age for admission to employment or work in conformity with

Convention No 138;

provide the labour inspectorate with more human and technical resources, as well as

training, with a view to a more efficient and concrete approach in relation to

implementing Convention No 138 in law and practice;

avail itself of ILO technical assistance to bring the legislation into compliance with

the convention; and to report in detail to the Committee of Experts for its upcoming

session.

•

However, the government, for its part, expressed disagreement with the conclusions and

reserved the right to analyse them and send observations at a later stage.

Equal remuneration and elimination of discrimination (Conventions

100 and 111)

Article 48 of the Bolivian Constitution refers to the principle of equal remuneration for

work of equal value. Nevertheless there is a need to reflect this in the General Labour Act

and to give full effect to the principle of the convention, as recalled by the Committee of

Experts in its 2013 report. The government informed that, based on projections for 2015,

intends to work on reducing the gap of income between men and women.

Future actions and priorities

According to the Children’s and Adolescents’ Code, a baseline study on child work

ought to be performed in 2015. This has been postponed — but is a priority for 2016.

The Ministry of Labour is also preparing an Intervention Program 2016-2020 on work:

(i) under 14 years; (ii) 14-17 years; and (iii) exceptional permits, which will be

implemented by governorates and municipalities. On the Forced and Compulsory

Labour, the work with elimination of forced labour and other forms analogous in

indigenous families in the Chaco, Amazonia and Integrated North Santa Cruz will

continue.

Conclusions

The Bolivian legislation is broadly in line with the fundamental labour rights

conventions. However, the most salient shortcomings are related to Conventions No 138

and 182 following the adoption of the Children and Adolescents’ Code in July 2014. In

its 2013 assessment, the European Commission had already raised the issue of the

implementation of these two conventions. Since then the situation has worsened. The

government was asked to supply full particulars to the ILO Conference and the case was

discussed at the International Labour Conference in June 2015.

Tackling child labour requires a holistic approach: legislation and enforcement,

education and training, social protection and promotion of decent work opportunities.

This is one of the primary objectives of EU development policies.

3.2.3. UN Conventions on Environmental Protection and Climate

Change (conventions 16-23)

Status of ratification and reporting

Bolivia is party to all GSP+ relevant conventions on environmental protection and

climate change.

Bolivia is not fully compliant with its reporting requirements for all the conventions on

environmental protection and climate change, as several required reports have not been

submitted. On CITES, annual reports are due for 2012, 2013 and 2014, and biennial

reports for 2003-2004, 2005-2006, 2007-2008, 2011-2012, and 2013-2014. On the Basel

Convention on the Control of Trans-boundary Movements of Hazardous Wastes, the

2013 annual report is due. The first and third national reports are due on the Cartagena

Protocol. Bolivia has not submitted any reports on the Stockholm Convention on

Persistent Organic Pollutants.

Bolivia is compliant with the reporting requirements of the Convention on Biological

Diversity, as it included the 2nd and 3rd National Reports in its 4th Report.

Status of implementation of the conventions

Convention on International Trade in Endangered Species of Wild Flora

and Fauna (CITES)

Bolivia's national legislation is ranked as category 2 under the Convention, which means

that it does not yet fully meet all the requirements for the implementation of the

Convention. The proposal for a national regulation regarding the implementation of

CITES was expected to be adopted by the second half of 2015. Proposal for a Supreme

Decree on International Trade of Endangered Species of Wild Fauna and Flora is

currently under review of the Economic Policy Analysis Unit. The CITES Secretariat

reported in December 2015 that, while Bolivia has taken step towards preparing new

legislative provisions to implement CITES, the country remains in a situation of non-

compliance and needs to accelerate its efforts to enact adequate legislation by the 67th

meeting of the CITES Standing Committee in September 2016 .

Bolivia is not fully compliant with its reporting requirements. In relation to the fulfilment

of the requirements for the submission of reports, annual reports have been submitted for

2008, 2009 and 2011. The submission of report for 2012, 2013 and 2014 are under final

review. The CITES Secretariat reported in November 2015 that Bolivia had failed to

submit its annual reports for three consecutive years and, pursuant to CITES Resolution

Conf. 11.17 (Rev. CoP16), invited the CITES Standing Committee to consider the

adoption of a recommendation for the suspension of all trade in CITES products from

and to Bolivia at its 66th meeting in January 2016, which is the most severe compliance

measure under CITES.

Basel Convention

Bolivia has reported on numerous activities connected to the export of hazardous wastes,

which it will continue to carry out. Priorities include exports of hazardous wastes from

different companies, as well as developing specific rules on the Basel Convention.

According to the database of the Basel Convention for national reporting, Bolivia

submitted its national report for 2012, but the national report for 2013 has not been

received.

Convention on Biological Diversity

Bolivia has begun the elaboration of the Biodiversity Strategy of the Plurinational State

of Bolivia and its 2011-2025 action plan, to establish guidelines for the conservation, use

and exploitation of biodiversity. This action plan should also accomplish the Aichi

Commitments of the Convention on Biological Diversity (a set of 20 targets relating to

the preservation of biodiversity, agreed by all parties to the convention).

Regarding the previous lack of compliance with reporting obligations, Bolivia reported

that the General Direction of Biodiversity and Protected Areas was prepared for the 4th

National Report with inclusion of actions that should be reported in the 2nd and 3rd

reports. This had been due to a lack of staff.

Bolivia’s fulfilment and execution of a biodiversity strategy is determined by the

availability of funds from the international cooperation.

Stockholm Convention on Persistent Organic Pollutants

Bolivia plans to carry out activities related to environmentally friendly management of

PCBs, contaminated equipment, waste and strengthening of technical capacity.

Furthermore, it will put in place specific regulations on Stockholm Convention for the

elimination of COPs until the year 2025. Preparation and approval of projects framed in

the management of COPs are done to protect human health and the environment from

persistent organic pollutants.

Bolivia has mentioned projects framed in the management of persistent organic

pollutants and a project national plan for a COP inventory, but has not provided a

specific timeline or further details.

As of December 2015, no reports have been received from Bolivia by the Stockholm

Convention secretariat.

Convention on Biosafety (Cartagena)

Concerning implementation of the Cartagena Protocol, Bolivia informed in its 2nd

National Report that domestic regulatory framework is partially in place. At the moment

there is no specific regulation on living modified organisms (LMOs) that are

pharmaceuticals; however the new regulation on biosafety (which in 2011 was under

development) included provisions on the matter.

Conventions on Climate Change

The Ozone Secretariat has noted the challenges by Bolivia to consistently report

consumption of hydrochlorofluorocarbons (HCFC). A proposal to update the decree to

control Ozone Depleting Substances (ODS) to, inter alia, incorporate the accelerated

HCFC phase-out schedule, establish quotas per importer, and limit the validity of

licenses to 31 December, is expected to be approved by the Bolivian Government in

March 2016. The decree in place has already allowed the authorities to enforce control

measures and limit ODS imports; therefore, pending approval of the revised decree does

not compromise the country’s ability to meet the HCFC phase-out targets. The country

has begun enforcement of the licensing and quota system since 1 January 2013. Bolivia

has already issued HCFC import quotas for 2015 in accordance with the Montreal

Protocol control targets. The import licensing and quota system will enable the country to

achieve compliance with the Montreal Protocol’s phase-out schedule for HCFCs. The

country is in compliance with the Montreal Protocol control targets as well as with the

targets specified in its HCFC phase-out management plan (HPMP) Agreement (

http://www.multilateralfund.org/75/English/1/7538.pdf

Bolivia’s second national communication to the United Nations Framework Convention

on Climate Change was submitted in 2009. Bolivia has yet to finalise and submit its first

Biannual Progress Report, due by the end of 2014.

Bolivia has taken a public position refusing a specific commitment on CO

emissions.

The principal argument of the Bolivian Government is that the main contributors to CO

emissions are first in line to undertake responsibility and concrete actions on the matter.

The contribution is linked to the achievement of living well in the context of climate

change with regards to water, energy, forest and agriculture and livestock. For this

purpose, it relies on policy measures in water management, development of renewable

energy and land use activities (with quantifiable targets for 2030).

Bolivia submitted its Intended Nationally Determined Contribution (INDC) to the 2015

Climate Agreement on 12 October 2015, which did not contain any greenhouse gas

emission reduction targets. However, the submission or contents of INDCs are not

directly relevant for GSP+ compliance.

Conclusions

Bolivia is in a situation of non-compliance with the CITES Convention. Despite joining

CITES in 1979, Bolivia still has still not enacted adequate legislation to implement the

Convention. The country has also repeatedly failed to comply with its reporting

obligations. Bolivia needs to ensure adoption of legislation in line with the CITES

Convention, as well as compliance with its reporting obligations to both CITES and the

Basel Convention. Measures to implement the Convention on Biological Diversity should

be strengthened, in order to halt biodiversity loss. Institutional strengthening and

coordination remains a challenge.

Regarding the UN conventions on climate change, although Bolivia has not taken a

public position on CO2 reduction targets, it has developed quantifiable targets for a

range of other policy measures, such as renewable energy use. Actions to ensure the

implementation of these measures should be encouraged. Bolivia has still to finalise and

submit its first Biennial Update Report on the UNFCC.

3.2.4. UN Conventions on Good Governance (conventions 24-

27)

Status of ratification and reporting

Bolivia ratified the United Nations Convention on Psychotropic Substances in 1985, the

UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances in

1990, and maintains ratification.

In January 2012, Bolivia withdrew from the Single Convention on Narcotic Drugs of

1961 as amended by the 1972 Protocol. It re-acceded to the convention in January 2013,

with a reservation on chewing of coca leaf, a traditional practice in the country. Since

January 2013, the chewing of coca leaf and the consumption and use of the coca leaf in

its natural state for ‘cultural and medicinal purposes’ are permitted on the territory of the

Plurinational State of Bolivia by virtue of the reservation.

As of January 2015, Bolivia was compliant with all requests for monitoring information

from the monitoring body of the three core UN conventions on fighting illegal drugs

(International Narcotic Control Board — INCB).

Bolivia ratified the UN Convention against Corruption (UNCAC) in 2005, and has

maintained ratification and complied with its reporting obligations. The most recent

review by the convention's monitoring body, the Implementation Review Group, was

carried out in 2013. The Executive Summary of the review has been available to the

public since December 2014.

Status of implementation of the conventions

UN Conventions fighting illegal drugs

Bolivia adopted a drug strategy for 2011-2015 as part of a comprehensive strategy to

fight drug trafficking and reduction of surplus coca crops. The strategy, together with the

regular conduct of drug-abuse surveys, aims at reducing drug abuse and the strengthening

of policies and prevention programmes, focused in particular on vulnerable population

groups. The measures include the publication of maps delimiting areas of authorised

cultivation, voluntary eradication of at least 5 000 ha per year, forced eradication and

activities to prevent the cultivation of new coca plants.

With regard to the rationalisation and eradication of coca, the 2014 UNODC monitoring

report, presented in August 2015, revealed a decline of coca cultivation in Bolivia, for the

fourth consecutive year (

In compliance with international commitments to provide estimates and data to the INCB

for the purposes stated in Bolivia’s reservation on the coca leaf, on November 2013,

Bolivia submitted publicly a comprehensive study of the demand of the coca leaf. The

monitoring report of the coca crops 2013 presented in June 2014 by UNODC, in

coordination with the Bolivian Government, highlights that 9 % of surplus coca crops

were reduced during 2012-2013.

Bolivia has also taken other measures to reduce the production of coca leaf, including

increasing institutional capacities of the government and the social organisations of

Bolivia’s coca growers, in order to implement programmes of social control of coca

production.

In the area of drug supply reduction, the objectives of the strategy also include

eradication of any coca bush cultivation in excess of the 20 000 ha authorised by the

Government of Bolivia, and strengthening of activities addressing drug trafficking and

the diversion of precursors.

In March 2015, the Bolivian Government presented the second national study on the

prevalence and characteristics of drug consumption in Bolivian homes in the capital

cities of nine departments and the city of El Alto. The study, financed by the European

Union, applies relevant international standards and is based on a survey of 9 600 persons.

The study indicates that drug consumption in Bolivia has fallen in relation to the last

The development has been: 31 000 ha (2010), 27 200 ha (2011), 25 300 ha (2012), 23 000 ha

(2013) and 20 400 ha (2014).

study conducted in 2007, with the exception of tranquillisers, the prevalence of which has

increased by 2 percentage points.

In order to strengthen the country’s drug policy and exchange experiences and good

practices, a cooperation programme between the European Union and Latin America

(COPOLAD) has begun to improve coherence, balance and impact of policies on drugs,

through the exchange of practices and experiences, bi-regional coordination and

promotion of multi-sectorial, comprehensive and coordinated responses.

Bolivia has announced the adoption of a new strategy on the fight against drug

trafficking for the period 2016-2020 and the adoption of new laws, on controlled

substances and areas of coca eradication, respectively. Bolivia announced that workshops

will be organised on the rational use of psychotropic drugs, and that health services will

monitor the prescription of psychotropic drugs and integrate them into the public health

system using new technological tools.

The United Nations monitoring body (INCB) appraised the situation in Bolivia in 2013

with the objective of reviewing compliance with the three international drug control

conventions to which Bolivia is a party. The following shortcomings were identified: the

need to take measures to address the prevalence of coca leaf; and the abuse of

prescription of drugs containing psychotropic substances.

Bolivia continues to be one of the three largest cocaine-producing countries in the world,

and is a significant transit zone for Peruvian cocaine. The Government of Bolivia

reportedly intercepted considerable amounts of Peruvian-origin cocaine in 2014. INCB

also noted in 2013 the high volumes of cannabis plant and cannabis herb seized in

Bolivia in recent years.

At the 5

EU-Bolivia High Level Dialogue (HLD) on 16 November 2015, the EU

encouraged the Bolivian government to strengthen cooperation with neighbouring

countries and to tackle trafficking of controlled drugs. While Bolivia is making efforts to

reduce coca production, cultivation remains an issue. Bolivia's efforts to tackle

production were discussed, including acquisition of radar systems to control airspace and

cooperation with Peru and Paraguay.

UN Convention against Corruption

Improvements to ethics, access to information and active transparency inside public

institutions have all recently been improved by Bolivia. It has also strengthened its

institutional capacities related to assets recovery, investigation and punishment of

corruption. The Executive Summary of the 2013 review by the UNCAC Implementation

Review Group (publicly available since December 2014) noted that Bolivia had

established a Ministry for Institutional Transparency and the Fight Against Corruption. In

addition, a national council for combating corruption had been set up, which comprises

of a range of government ministries, the police services, the Financial Investigation Unit,

social organisations, and groups representing indigenous peoples.

The review also concluded that Bolivia has carried out major legislative and institutional

reforms, demonstrating that the country's political commitment to combating corruption

is yielding results.

However, the UNCAC identified several shortcomings in Bolivia’s implementation of

the convention. The Implementation Review Group has suggested that Bolivia should

focus on ensuring appropriate criminalisation of corruption: in particular, to criminalise

trading in influence and abuse of functions, all elements of active bribery in the private

sector, passive bribery in the private sector and embezzlement in the private sector. Inter-

agency cooperation could be further strengthened. Progress is also required on

international cooperation and the extradition framework.

Bolivia is developing a new penal code, which was expected in 2015-2016, and should

include ‘solicitation’ and ‘benefits for third parties’ in the section on active bribery.

Greater inter-agency cooperation and increased resources for anti-corruption efforts are

also expected.

Conclusions

Together with the international community, Bolivia is making efforts to tackle drug

trafficking. Although Bolivia’s eradication programme is meeting its own stated targets,

the country is still the third-largest producer of coca leaf. Bolivia’s policy to consider

20 000 ha of coca cultivation as licit and its withdrawal from the 1961 UN Single

Convention on Narcotic Drugs (followed by its reaccessions early in 2013 with

conditions) undermined Bolivia’s efforts to meet its international drug control

obligations. Considering Bolivia’s limited resources to fight drug trafficking, Bolivia

relies on international cooperation to step up efforts to face the increasing demand for

cocaine in consuming countries.

Bolivia is also making efforts to tackle corruption, and has seen progress on

transparency and access to information in its public institutions, as well as a

strengthened capacity to deal with incidences of corruption. However, further work is

needed to criminalise cases of corruption, and to tackle a wider range of forms of

corruption in the private and public sectors. Greater international cooperation is also

required.

3.1.

Trade and Economy

3.1.1. Trade Picture

Bolivia is a resource-rich country, with strong growth due to its natural gas exports.

However, the country continues to be one of the least developed countries in Latin

America. Bolivia’s exports are heavily dependent on primary commodities such as

minerals (zinc, lead, silver ores) or agricultural product (soya beans). Since 2004,

economic growth in Bolivia was on average 4.9 %, due to high commodity prices,

increased mineral and natural gas exports and a prudent macroeconomic policy. The

positive economic context had a positive effect on poverty reduction. Due to the decline

in international oil prices, Bolivia’s main challenge will be to ensure these positive

economic and social results in a less favourable global environment.

In 2014 Bolivian exports to the EU amounted to EUR 552 million. This shows an

increase in exports of 10.8 % in comparison with 2013. Bolivia’s main export products to

the EU are mineral products (worth EUR 166 million, or 30 % of total exports) and

vegetable products (worth EUR 140 million, or 25 % of total exports).

GSP+ is of economic relevance for Bolivia, since it permits duty-free access to the EU

market for majority of Bolivia exports (6 200 tariff lines), as well as the opportunity to

diversify its trade exports from primary commodities into other more value-added

products. Overall GSP+ exports to the EU increased by 45 % between 2014/2013 and

77 % between 2013/2012, showing that Bolivia is using well the potential offered by the

GSP+ scheme.

3.1.2. GSP+ Statistics

Figures 3.1-3.3 below describe Bolivia’s utilisation of the GSP+, in the context of its

overall imports to the EU.

Source for all statistics: Eurostat data, as of September 2015.

Figure 2.1

Bolivia - Imports to the EU, 2012-2015

Figures in thousand EUR

Total imports to EU

GSP+ eligible imports

GSP+ preferential imports

GSP+ utilisation rate

2012

359,931

59,235

56,699

95.72%

2013

470,195

69,895

68,066

97.38%

2014

518,500

106,278

101,928

95.91%

2015 (Q1-2)

262,519

36,672

34,573

94.28%

Trend 2012-

2014

44.06%

79.42%

79.77%

0.20%

Figure 3.2

Figure 3.3

Cabo Verde– GSP+ Assessment

4.1.Country Overview

Cabo Verde’s overall human rights record is positive. The country has stable political

institutions, a well-functioning multiparty parliamentary democracy and an independent

judiciary. The last elections, in 2011, were judged both free and fair. Cabo Verde ranks

second among all African countries in the 2014 Ibrahim Index of African Governance.

Despite the lack of natural resources and its vulnerabilities as a small island, the country

succeeded in evolving from a poor to a middle-income country in 2007. It made steady

progress towards achieving the Millennium Development Goals, and these developments

have translated into a range of improved social conditions.

4.2.Compliance with GSP+ Obligations

4.2.1. UN Human Rights Conventions (conventions 1-7)

Status of ratification and reporting

Cabo Verde has ratified all the GSP+-related UN human rights conventions, and

maintains ratification.

For most of the seven human rights conventions, namely CAT, CRC, ICERD and

ICESCR, Cabo Verde has not fulfilled its reporting obligations. When reports have been

submitted, this has usually been with significant delays. This is largely due to insufficient

administrative resources.

However, since the application of GSP+ to Cabo Verde and the monitoring of its

obligations, the country has made significant efforts to submit the reports on time,

notably regarding the implementation of ICCPR and CEDAW. Cabo Verde has now

submitted all required reports on CEDAW. During the EU-Cabo Verde political dialogue

at ministerial level, held on 13 October 2015, the country expressed its commitment to

improve its reporting obligations to the UN human rights conventions, and requested the

EU’s support in this regard.

Status of implementation of the conventions

Despite shortcomings regarding its reporting obligations, Cabo Verde has a good record

on the implementation of the main conventions. This is recognised in the EU Human

Rights Country Strategy for Cabo Verde, and by the main human rights organisations’

reports on the country. The outcome of Cabo Verde’s Universal Periodic Review (UPR)

in April 2013 also confirmed that there are no major concerns in respect to human rights

and fundamental freedoms. However, problems occur in the following areas: violence

and discrimination against women, violation of rights of the child, prison conditions and

weaknesses in the judiciary system.

The country generally supports UN resolutions regarding human rights issues. Its

international position on human rights is consistent with its domestic situation. There are

no political prisoners, the death penalty is abolished and there is no racial discrimination.

Although legal provisions help to provide protection for homosexual conduct, social

discrimination based on sexual orientation and gender identity continues to be a problem.

Cabo Verde is considered the best performer in West Africa in terms of rights to

education.

In 2011, the Cabo Verdean Government established the legal framework and specific

human rights institutions to proactively deal with the protection of human rights, such as

the National Commission on Human Rights (CNDHC). According to its statute, the

Commission is endowed with maximum administrative and financial autonomy from the

government. The Commission is composed of representatives from the government, trade

unions, political parties and human rights organisations defenders. It is also designed to

participate in consultations with the government to define national legislation in the

framework of human rights protection. The institutional bodies involved in human rights

promotion are quite active in advising the government on the effectiveness of existing

legislation and on its possible enforcement. The current government is quite sensitive to

criticisms, and is rather open to implementing actions to promote human rights —

although enforcement still remains weak.

In 2003, a National Plan for Human Rights and Citizenship has been approved by the

government. This plan is the outcome of the UNDP and OHCHR joint programme

‘HURIST’ in order to strengthen national capacity to ensure human rights promotion. In

this context, Cabo Verde as a pilot country benefited from technical and financial support

for the preparation of this national action plan. The plan focuses on the protection and

promotion of human rights and citizenship, through actions involving the most

vulnerable social groups, particularly children and adolescents, women, the disabled and

mentally ill, immigrants and refugees, repatriated and prisoners. However, the plan needs

to be updated.

The Cabo Verdean Institute of Equity and Gender (a government agency) has been

working for the protection of the legal rights of women. The Women Jurists’ Association

(AJM) provides free legal assistance to women throughout the country suffering from

discrimination and violence. The Cabo Verdean Institute of Child and Adolescent

(ICCA) is a national network that aims to combat the abuse of and sexual violence

against children, in cooperation with local governments, various police forces, the

attorney general, hospitals and health centres.

Cabo Verde was reviewed under the Universal Periodic Review (UPR) of the Human

Rights Council in April 2013, resulting in 123 formulated recommendations from 60

delegations. Presentations by the government noted that the implementation of all the

recommendations constitutes a challenge for the institutions, with a particular strain on

financial resources. However, Cabo Verde has recognised and accepted all the

recommendations that were addressed to them and has been working on their

implementation. Following two démarches carried out by the EU delegation in Cabo

Verde in 2014, the Cabo Verdean Government offered its assurances that the fight

against gender-based violence and eradication of child labour remain high on the

country’s agenda. In April 2013 the Government of Cabo Verde extended a standing

invitation to Special Procedures of the Human Rights Council, thus indicating their

willingness to accept visit requests in all thematic areas.

As identified by the Cabo Verdean institutions, international institutions (EU and UN),

international civil society actors and human rights defenders, Cabo Verde’s main

shortcomings are related to its limited administrative capacity (leading to severe delays in

reporting), and a weak implementation of its legal frameworks related to the rights of

women, children, migrants and detainees.

The country-specific priorities outlined in the EU Human Rights Country Strategy (2011)

are children’s rights; women’s rights and gender equality; migrants’ rights; preventing

and fighting discrimination; the rights of prisoners and detainees; civic and political

rights; and economic and social rights. The strategy will be updated in 2016.

International Covenant on Civil and Political Rights

The protection of civil and political rights including fundamental freedoms is ensured by

the constitution and law. The government generally respects these rights, including

freedom of expression, association and press.

The legal system, based on the constitution adopted in September 1992 and revised

several times, promotes democratic values and guarantees the separation of powers. The

state institutions overall are functioning well. The law provides for an independent

judiciary, and the government generally respects this provision in practice. However, the

judicial system lacks sufficient staffing and efficiency.

The law provides for the right of all citizens to a fair trial. Defendants have the right to be

present and to consult with an attorney in a timely manner; free counsel is also provided

for the indigents. However, the justice is still slow; the judicial backlog is significant.

There are on-going reforms to improve the functioning of the justice system.

Convention on the Elimination of All Forms of Discrimination Against

Women (CEDAW)

Despite legal prohibitions against gender-based discrimination and the existence of legal

provisions for equal rights to men and women under family, labour, property and

inheritance laws, discrimination against women in the public and private sphere still

exists, due to deep-rooted sexist stereotypes embedded in culture and society.

Moreover, gender-based violence (GBV) remains an issue of concern. In 2011 a law

came into force to address GBV, with a focus on three main objectives. These include

improving the protection of victims, strengthening sanctions against offenders and

raising awareness.

Civil society organisations have been requesting more effective law enforcement, in

terms of implementing further actions involving legal counselling, psychological care

and family courts to deal with domestic violence. However, women — especially in rural

and remote areas — still lack the information and means necessary to claim their rights.

The legal framework has improved, and actions have been undertaken by the authorities

to create a network connecting NGOs, national police health centres and community law

centres. Nonetheless, violence and discrimination against women remain as significant

problems.

Cabo Verde is pursuing its policy for non-discrimination of women and combating GBV

through the implementation of two main plans in support of a new regulatory law over

the next 3 years. The first plan is the ‘Third National Plan for Equality’ (2015-2018),

which focuses on measures and results in the following areas: health; sexual and

reproductive rights; gender-based violence; education and vocational training; productive

economy, reproductive economy; political participation in decision-making and

communication spheres; and institutional strengthening. The second plan is the ‘Plan II

to Combat Gender-Based Violence’ (2015-2018), aiming to contribute to the eradication

of GBV and the effectiveness of the principle of gender equality. The following activities

are particularly noteworthy: the creation of call centres for the victims on all the islands,

the implementation of a national reintegration programme for GBV offenders and

training and support in schools as well as the media, justice, health, police and military

sectors.

Convention on the Rights of the Child

Cabo Verde provides wide and equal opportunities of education to all children between

the ages of 6 and 12, through a free and universal education system. The healthcare

system is also well-developed and provides good basic health services to children. The

main difficulty concerns access for children from rural communities and more remote

islands.

The legal framework prohibits early or forced marriage — the legal minimum age of

marriage is 18 years. Female genital mutilation is also prohibited by law. The country is

also compliant on birth registration.

However, violence against children remains a problem in Cabo Verde. There are several

reported cases of violence and aggression, as well as sexual abuse of children. On the

sexual exploitation of children, the law prohibits and heavily punishes those that promote

or facilitate prostitution. During 2014, there were no reported cases of child pornography,

but there were several cases of child prostitution. Sex tourism involving prostituted

children is still a problem.

In recent years, cases have also been reported of imprisoned children not being separated

from other detainees.

The authorities recognise that improvements still have to be made with regard to the

rights of the child. The government is trying to fight abuse and violence against children

through several programmes, including the ‘Children’s Emergency Programme’ and

‘Dial a Complaint’, and creating centres for street children. A national network was

established to address this problem in a more comprehensive manner, and involves the

Institute of Child and Adolescence, police forces, the attorney general and hospitals. The

legal framework is also being further reinforced and improved, notably on the

criminalisation of child prostitution and human trafficking. A draft law revising the

criminal procedure code is expected to be submitted to the National Assembly in 2015,

which will propose a set of legislative measures to better safeguards the rights of the

child.

Regarding detention conditions, according to the information provided by the General

Directorate of Prison Administration and Social Reintegration to the EU delegation in

Cabo Verde in April 2015, the separation of prisoners up to 21 years from the others is

now guaranteed in all prisons of the country. The authorities recognise that

improvements still have to be made in regard to the Rights of the Child, and, in

particular, with regard to the separation of inmates in prisons.

Convention against Torture and other Cruel, Inhuman or Degrading

Treatment or Punishment

The constitution and law prohibits these practices. The most common types of abuses

were excessive force and aggression by police. There are no reported cases on the use of

torture. In most of the cases of abuses, the National Police Council took action against

those responsible.

The conditions in prisons and detention centres met in general the international standards.

Overcrowding remains the main problem.

The Cabo Verdean law provides a detainee with the right to prompt judicial

determination of the legality of the detention and the authorities have been respecting this

right. Attorneys inform detainees of the charges against them and there is a functional

bail system. Nonetheless, the length of pre-trial detention is a problem. There are no

reported cases of deaths as a result of adverse conditions in detention centres, but

separation of prisoners based on trial status, gender and age has not always been possible

due to space limitations. Furthermore, cases have been reported of abuse and ill-

treatment allegedly committed by police forces and prison guards, especially against

juveniles.

The government reported that the new staff regulations of prison security as well as the

disciplinary statute for prison security staff have been approved through decree-laws in

force since November 2014.

International Convention on the Elimination of All Forms of Racial

Discrimination

The constitution and law of Cabo Verde prohibits any discrimination based on race,

gender, religion, disability, language or social status. The law also prohibits racism,

xenophobia and other forms of discrimination.

The implementation and enforcement of the legal framework in this area is generally

effective. The country does not present main concerns in terms of racial discrimination.

Gender discrimination however is of concern in Cabo Verde.

International Convention on Economic, Social and Cultural Rights

The Cabo Verdean Constitution recognises economic and social rights. Particularly,

Chapter III refers to labour rights, while Articles 69, 70 and 71 protect social security,

health and housing rights.

Despite the lack of natural resources and its vulnerabilities as a small island, Cabo Verde

has been a middle-income country since December 2007. Steady progress is being made

towards the achievement of its remaining Millennium Development Goals (related to

poverty, mortality of mothers at birth and children under 5). Rapid economic growth over

the last years has been translated into improved social conditions: poverty in Cabo Verde

has dropped significantly, and progress in the education and health sectors has also been

substantial (e.g. the literacy rate 15-24 year-olds is around 98 %).

Access to water still remains a critical issue in Cabo Verde. Meeting the Millennium

Development Goal target of increasing access to potable water remains a priority.

Future actions and priorities

Cabo Verde is highly committed to continuing to improve the respect of human rights. It

is paying special attention to the areas needing more progress, notably women’s and

children’s rights, combating domestic violence, the situation of migrants and detainees

and strengthening the capacities of the judicial system. These priorities correspond with

the priorities and actions outlined by the EU in its country human rights strategy. In

particular, Cabo Verde will continue to pursue its policy for non-discrimination of

women and combating GBV through the implementation of the two major plans.

The EU delegation will continue to monitor the human rights situation, and will address

it in its political dialogue with Cabo Verdean authorities. The EU delegation will also

continue to raise awareness and assist in the promotion and respect of human rights.

Conclusions

Cabo Verde stands out within its region as an example of tolerance and respect of human

rights and fundamental freedoms. Cabo Verde has ratified all main international human

rights conventions and maintains ratification. Cabo Verde ensures their implementation

and enforcement in a generally effective manner. The existence of an independent

judiciary system guarantees a fair access to justice.

Concerns remain on the rights of the child and on gender-based violence and

discrimination, where strengthened and improved enforcement is required. Due to a

substantial lack of human and administrative resources, reporting obligations under the

main international conventions are not being respected, with the exception of reporting

on CEDAW.

However, the authorities are showing commitment to respecting and implementing

human rights and addressing shortcomings through setting clear priorities, establishing

new and improved national policies and strengthening the legal framework and its

implementation.

4.2.2. ILO Labour Rights Conventions (conventions 8-15)

Status of ratification and reporting

Cabo Verde has ratified all eight ILO core labour standards without reservations, and

maintains ratification.

In 2013, Cabo Verde submitted all reports due to the ILO Committee of Experts on the

Application of Conventions and Recommendations (‘the Committee of Experts’). Cabo

Verde did not submit the reports due in 2014 regarding fundamental Conventions No 29,

105, 138 and 182. However, Cabo Verde submitted these reports in 2015.

Status of implementation of the conventions

Freedom of association and collective bargaining (Conventions 87 and

98)

Regarding freedom of association, the national legislation is partly in line with

Convention No 87. In its 2012 and 2014 reports, the Committee of Experts reiterated its

request for changes to the labour code, in particular to the sections concerning

replacement of workers on strike (which currently allow to sign a contract with another

enterprise to replace services of workers being on a strike), the determination of the

scope of minimum services to be provided during a strike and on the conditions to be met

before the government may issue civil requisitioning (i.e. back-to-work) orders during a

strike.

Regarding collective bargaining, the national legislation seems to be in line with

Convention No 98. As regards implementation of this convention in practice, the

Committee of Experts expressed concern in its 2012 and 2014 reports about the low

number of existing collective agreements. The ILO provided technical assistance for the

negotiation of collective agreements in the hotel and banking sector. In reply to the GSP+

scorecard, Cape Verde indicated that in 2011, the action plan on collective bargaining

was adopted and a National Committee for the Promotion of Collective Bargaining was

established.

Forced labour (Conventions 29 and 105)

Cabo Verde’s national legislation seems to be in line with the convention. However, the

Committee of Experts noted in its 2011 and 2015 reports that there were no provisions

which would treat trafficking in persons as a crime. The committee also requested from

the government more detailed information, including on the awareness-raising activities

conducted to prevent and combat trafficking in persons.

Worst forms of child labour (Convention 182)

The national legislation is partly in line with the convention. In its 2011 and 2015

reports, the Committee of Experts urged the government to take the necessary steps to

ensure that the legislation fully conforms with the convention. The penal code treats

activities related to prostitution or pornography involving children as crimes, although it

sets the age limit at 14 or 16 years instead of 18, as required by the convention. Penalties

are envisaged also for those who engage children in illicit activities, including in

production, trafficking and trade in drugs.

Cabo Verde in 2014 published a National Plan against Child Labour, which focuses upon

communication, awareness, prevention, protection, rehabilitation, partnerships,

international cooperation, legislative reform and oversight and inspection. The

Committee of Experts also noted that the National Plan against Child Labour envisaged

among others the harmonisation of the penal code with this convention. The committee

requested information on the results of the implementation of the National Action Plan.

The labour code does not apply to children under the age of 18 who are engaged in

hazardous work outside the employment relationship. The list of types of hazardous work

was approved in 2015. This will help national authorities in strengthening and protecting

children’s rights, supervising child labour and fulfilling the requirements under both

child labour conventions.

As regards implementation of the convention in practice, the Committee of Experts noted

the efforts taken so far to reduce the number of children living in the streets, including

implementation of a project aiming to reintegrate those children into their families and

into the education system. It also took note of the information about the operation of

emergency centres and reception centres for children.

Minimum age for work (Convention 138)

According to a 2013 ILO-IPEC (

) study, the incidence of child labour in Cabo Verde is

7.1 %. The national legislation seems to be partly in line with the convention. The labour

code sets the minimum age for admission to work at 15 years and the minimum age for

hazardous work at 18 years. The list of hazardous types of work was approved in summer

2015.

The Committee of Experts notes that the minimum age provisions do not apply to

children working outside an employment relationship (self-employed, informal

economy). Moreover, the labour code does not set out a minimum age for performing

light work activities (13 years pursuant to the convention). The Committee of Experts

requested the government to bring national laws and regulations in line with the

convention.

The National Plan against Child Labour, adopted in 2008, outlines steps to be taken in

order to align the national legislation with Conventions No 138 and 182. The Plan was

revised and updated in July 2014 and sets out a series of actions, including legislative

reform.

Elimination of discrimination (Conventions 100 and 111)

In its 2013 report, the Committee of Experts requested the government to amend the

existing legislation so that it gives a full expression of the principle of equal

remuneration for men and women for work of equal value. As regards implementation in

practice, the committee noted that a study on minimum wage fixing was being finalised

and that a new proposal for the Career, Posts and Salaries Plan in the public sector had

been submitted for approval by the relevant bodies and would be shared with the social

partners in the framework of the Social Concertation Board. The committee also

recommended carrying out awareness-raising campaigns, as a number of social partner

organisations expressed a need for getting a better understanding of the principles of the

convention.

In its 2013 report, the Committee of Experts noted the intention of the government to

adopt specific legislation for rural workers and labour-intensive activities, as these are

not explicitly covered by the labour code. The Committee of Experts requested also

further information on how non-discrimination of workers of different national origin is

ensured and whether and how workers are protected against indirect discrimination. It

also requested the government to take steps to make sure that workers are protected

against sexual harassment at the workplace.

(

) IPEC: International Programme on the Elimination of Child Labour.

As regards putting the convention in practice, in the framework of the Decent Work

Country Programme 2012-2015 implemented in cooperation with the ILO, measures

have been taken to improve education level of women and young people. Moreover, in

order to improve the situation of discriminated or more vulnerable groups on the labour

market (such as women, young people or people with disabilities), the government has

taken several measures, including support for establishing enterprises by them and

awareness-raising campaigns, including for social partners.

However, the Committee of Experts noted that there were no comprehensive statistical

data available concerning the situation on Cabo Verdean labour market. The government

had requested ILO technical assistance in this respect. The Committee of Experts also

recommended provision of training for labour inspectors outlining the principles of the

convention.

Future actions and priorities

The national authorities are committed to continuing their efforts to prevent and

eliminate child labour, notably through the implementation of their 2014 National Plan.

A more effective implementation of the existing legal framework regarding non-

discrimination in the labour market, including gender-based discrimination is also being

pursued.

Conclusions

Cabo Verde has ratified all eight ILO fundamental conventions and maintains

ratification. Its authorities have been taking steps to ensure legislative alignment.

However, according to the Committee of Experts, further legislative amendments are

needed to ensure full conformity of the national legislation with several fundamental

conventions, including the Convention on Freedom of Association and the Right to

Organise (Convention 87), on Minimum Age for Work (Convention 138), on the Worst

Forms of Child Labour (Convention 182) and on Equal Remuneration (Convention 100).

Cabo Verde also needs to fully respect its reporting obligations to the ILO Committee of

Experts.

Regarding the implementation of the conventions, there are shortcomings which are

partly related to the insufficient administrative capacity (lack of human and financial

resources). It can be noted positively that Cabo Verde takes action to address the

shortcomings, including through close cooperation with the ILO. The ILO, with EU

financial support, intends to implement a technical assistance programme aimed at

increasing Cabo Verde’s reporting capacities on labour issues.

4.2.3. UN Conventions on Environmental Protection and Climate

Change (conventions 16-23)

Status of ratification and reporting

Cabo Verde is party to all GSP+-relevant conventions on environmental protection and

climate change.

However, Cabo Verde is not compliant with all of its reporting obligations. On CITES,

annual reports are due for 2011, 2012, 2013 and 2014, and biennial reports are due for

2003-2004, 2005-2006, 2007-2008, 2009-2010, and 2011-2012. Cabo Verde has not

submitted any reports on the Stockholm Convention on Persistent Organic Pollutants.

The 5th National Report on the Convention on Biological Diversity is due. The 3rd

National Report on the Cartagena Protocol on Biosafety is also due.

Cabo Verde is compliant with its reporting obligations under the Basel Convention on

the Control of Trans-boundary Movements of Hazardous Wastes and Their Disposal.

Cabo Verde is also compliant with its reporting obligations under the three UN

conventions on climate change.

Status of implementation of the conventions

Convention on International Trade in Endangered Species of Wild Flora

and Fauna (CITES)

Cabo Verde's national legislation is ranked as category 3 under the Convention, as it does

not meet the requirements for the implementation of the Convention. Cabo Verde has not

provided any information on the status of the proposal for a national regulation to

implement CITES.

Cabo Verde has also repeatedly failed to comply with its reporting obligations under

CITES. The CITES Secretariat reported in November 2015

that Cabo Verde had failed

to submit its annual reports for three consecutive years and, pursuant to CITES

Resolution Conf. 11.17 (Rev. CoP16), invited the CITES Standing Committee to

consider the adoption of a recommendation for the suspension of all trade in CITES

products from and to Cabo Verde at its 66

meeting in January 2016, which is the most

severe compliance measure under CITES.

Basel Convention

Cabo Verde is compliant with its reporting obligations under the Basel Convention on

the Control of Trans-boundary Movements of Hazardous Wastes and Their Disposal.

Information on Cabo Verde’s implementation of the convention is not readily available.

Convention on Biological Diversity

Cabo Verde is receiving technical assistance and capacity-building to support it in

complying with its reporting obligations.

There were no salient shortcomings identified in Cabo Verde in 2014-2015 as regards the

implementation of the Convention on Biological Diversity, although biodiversity loss has

not be halted, and concrete measures to implement the convention should be

strengthened.

https://cites.org/sites/default/files/eng/com/sc/66/E-SC66-30-01.pdf

Stockholm Convention on Persistent Organic Pollutants

Cabo Verde did not provide any information on submission of the national reports for the

first, second and third round, nor the explanation on why the reports are missing.

Furthermore, it did not provide any provide information on any measures (legislative and

non/legislative) taken so far to effectively implement this convention (legislative

framework, actions plans, etc.).

Convention on Biosafety (Cartagena)

According to the report of the Compliance Committee of 28-30 May 2014, Cabo Verde

has no salient shortcomings regarding its reporting obligations under the Cartagena

Protocol.

In its 2nd National Report, submitted in 2011, Cabo Verde noted that only a draft

regulatory framework existed. However, at that time, drafts of a biosafety law and a

national biosafety framework were awaiting revision and approval by the Council of

Ministers. A government agency had clear responsibility to regulate trans-boundary

movements, the handling and use of pharmaceutical products. However, the agency was

in 2011 not yet operating on living modified organisms (LMOs).

In 2011, Cabo Verde did not have a mechanism in place to conduct risk assessments of

LMOs. However, a risk assessment mechanism for LMOs was proposed by draft

National Biosafety Framework.

Conventions on Climate Change

Cabo Verde ratified the Montreal Protocol on Substances that Deplete the Ozone Layer

in 1987, and maintains ratification. It ratified the UN Framework Convention on Climate

Change (UNFCC) in 1995, and the Kyoto Protocol to the UNFCC in 2006, and maintains

ratification of both.

The consumption of HCFC-22 has been fairly stable in Cabo Verde since 2009, and an

import licensing and quota system is operational and will enable consumption reductions

in line with the Montreal Protocol’s phase-out schedule. Cabo Verde is considering

integrating hydrochlorofluorocarbon (HCFC) issues into the training curricula for

national customs officers; strengthening the collaboration with the refrigeration

vocational training school and large servicing workshops to enable continuous training of

technicians and control of ozone-depleting substances which will ensure the long-term

sustainability of the activities under its HCFC phase-out management plan.

In 2000 Cabo Verde submitted its First National Communication and the National

Strategy on Climate Change to the UNFCCC. Its Second National Communication was

submitted in October 2011. It still needs to submit its first Biannual Update Report. A

national adaptation programme of action on climate change 2008-2012 was also

submitted in December 2007.

On 30 September 2015 Cabo Verde submitted its Intended Nationally Determined

Contribution (INDC) to the 2015 Climate Agreement, which contains targets of 30 %

renewables, 10 % energy savings (conditional 100 % renewables, 20 % energy savings)

for the period 2015-2025. Cabo Verde expects to update its INDC in 2016 upon

completion of the emissions inventory as part of its Third National Communication

process. The process is expected to be concluded in the second half of 2016.

Climate change is also addressed by the country’s Second National Environment

Programme of Action (PANA II) for the 2004-2014 period, which aims to provide an

overall strategic guidance for a balanced use of natural resources and sustainable

management of economic activities.

Conclusions

Cabo Verde fails to comply with its reporting obligations under CITES, the Stockholm

Convention, the Cartagena Protocol, and the Convention on Biological Diversity.

Cabo Verde needs to strengthen its legislation to meet the requirements for the

implementation of CITES. Cabo Verde has not provided information on possible

remedial action on these shortcomings. On the Cartagena Protocol, the focus should be

on enacting and implementing the draft biosafety framework.

Little information is available on Cabo Verde's implementation of the Stockholm

Convention, the Convention on Biological Diversity, or the Basel Convention.

4.2.4. UN Conventions on Good Governance (conventions 24-

27)

Status of ratification and reporting

Cabo Verde ratified both the UN Convention on Narcotics Drugs and the UN Convention

on Psychotropic Substances in 1990. It also ratified the UN Convention against Illicit

Traffic in Narcotic Drugs and Psychotropic Substances in 1995. It maintains ratification

of all conventions.

According to the INCB Report on Precursors and chemicals frequently used in the illicit

manufacture of narcotic drugs and psychotropic substances 2014, Cabo Verde is not

compliant with the obligation concerning the submission of information pursuant to

Article 12 of the 1988 convention for the years 2009-2013.

Cabo Verde ratified the UN Convention against Corruption in 2008, and maintains

ratification. Reviewing of Cabo Verde's compliance with the convention is carried out by

the UNODC Implementation Review Group, the convention's monitoring body. The most

recent review of Cabo Verde was in 2011-2012, but neither the executive summary nor

full report have been made available to the public.

Status of implementation of the conventions

UN conventions fighting illegal drugs

Cabo Verde’s strategic location in the Atlantic Ocean, and its extensive, mostly

unmonitored territorial waters and borders make it an important transit hub for South

American cocaine moving to Europe. Consumption of illegal drugs is increasing in Cabo

Verde. Cannabis, cocaine, heroin and methamphetamine are the most commonly used

drugs. Drug users, mainly young people, are largely from urban centres.

In 2012, Cabo Verde adopted a National Integrated Programme in the fight against drugs

and crime, for the period 2012-2016. The National Integrated Programme was developed

with the UN Office on Drugs and Crime (UNODC), and focuses on four areas:

prevention and research; improvement of the health, treatment and reintegration of drug

addicts; combating illicit trafficking, organised crime and terrorism; and justice and

integrity.

Also in 2012, Cabo Verde began to use the PEN Online System, which allows competent

national authorities to inform each other about international trade of precursor chemicals.

This helps to confirm the legitimacy of a given trade, and limits diversion.

In 2014, the Cabo Verdean military forces joined national police patrols in the capital

city of Praia to help fight a recent increase in crime. This followed the assassination of

the mother of a judiciary police inspector, who was directly involved in the investigation

of a significant drug trafficking case.

Cabo Verde is also working with other international partners to strengthen its capacity to

monitor the country’s international waters and combat drug trafficking. The Spanish

Marine Corps have trained members of the newly established Special Operations Unit of

the Cabo Verdean National Guard. Brazil established a Naval Mission in Cabo Verde in

November 2013, and has since been helping Cabo Verde modernise the Cabo Verdean

Coast Guard.

UN Convention against Corruption

Cabo Verde was reviewed in 2011-2012. Neither the executive summary nor the full

report is available on the UNODC website, so assessment of Cabo Verde’s

implementation is difficult.

Future actions and priorities

Cabo Verde intends to continue its efforts to fight organised crime, money laundering

and illegal trafficking, including drugs. The country intends to focus on the

implementation of its National Integrated Programme in the fight against drugs and crime

for the period 2012-2016 developed by UNODC. Cooperation with international partners

is essential to strengthen the capacity of Cabo Verde to combat illicit trafficking of drugs,

particularly through the sea. A 2015 national plan on security and stability foresees

measures and actions to fight more effectively organised crime and illegal trafficking.

The plan was prepared with the assistance of the EU in the framework of the EU-Cabo

Verde Special Partnership, with the help of other international partners.

Conclusions

Cabo Verde is an important transit hub for South American cocaine moving to Europe.

Consumption of illegal drugs is increasing in Cabo Verde. Its location in the Atlantic

Ocean and lack of resources makes it difficult to control its extensive, mostly

unmonitored territorial waters and borders. Cabo Verde has, however, adopted a

National Integrated Program, and should focus on ensuring full implementation of the

plan. It is undertaking significant efforts to combat money laundering and drug

trafficking and is fully cooperating with international and regional partners in this area.

Cabo Verde relies on assistance and cooperation programmes supported by UNODC,

the EU and other international partners.

4.3.

Trade and Economy

4.3.1. Trade Picture

Cape Verde is a small ACP country, but also a rapidly transforming island economy. The

EU is its main trading partner, representing 82 % of total exports in 2013 and 78 % of

imports. Over 75 % of Cape Verde’s exports are fishery products, followed by

approximately 12 % of footwear, textiles and clothing, but the country is also very

interested in trade in services, as illustrated by their impressive commitments upon

joining the World Trade Organisation (WTO) in July 2008. Other trade partners are

India, China and Brazil.

Negotiations of the regional European Partnership Agreement (EPA) with West Africa

were closed at Chief Negotiator level on 6 February 2014. The EPA was initialled on 30

June 2014 and definitively endorsed by the ECOWAS Heads of State on 10 July 2014 at

their summit in Accra. Once all signatures from the parties are gathered, the ratification

process will start.

4.3.2. GSP+ Statistics

Figures 4.1-4.3 below describe Cabo Verde’s utilisation of the GSP+, in the context of its

overall imports to the EU.

Source for all statistics: Eurostat data, as of September 2015.

Figure 4.1

Cabo Verde - Imports to the EU, 2012-2015

Figures in thousand EUR

Total imports to EU

GSP+ eligible imports

GSP+ preferential imports

GSP+ utilisation rate

2012

55,006

44,882

43,285

96.44%

2013

47,894

45,388

43,754

96.40%

2014

97,322

55,781

54,713

98.09%

2015 (Q1-2)

27,693

25,410

24,587

96.76%

Trend 2012-

2014

76.93%

24.28%

26.40%

1.71%

Figure 4.2

Figure 4.3

Costa Rica — GSP+ Assessment

5.1.Country Overview

Costa Rica is an upper-middle-income country with a strong democratic tradition and

uninterrupted free elections since 1949. The most recent presidential elections were won

in April 2014 by Luis Guillermo Solís, of the ‘Partido de Acción Ciudadana’ (PAC).

Costa Rica has a longstanding record of human rights compliance, in the regional and

world context. It has been a member of the Human Rights Council during the period

2011-2014. The country remains a strong supporter of the Inter-American Human Rights

system: both the Inter-American Court of Human Rights and the Inter-American Institute

of Human Rights are located in San José.

Despite being a very serious observer of human rights, Costa Rica faces certain

challenges that can affect their respect and protection. Rising insecurity related to

organised crime and drug trafficking is a concern, though at much lower levels than in

the rest of Central America. Law enforcement institutions do not always have enough

means to face the situation. Although the judicial system is independent and ensures

observance of the rule of law, it is undermined by slowness and excessive bureaucracy.

Corruption in public administration exists, though at a much lower scale compared to

other Latin American countries. The situation of up to half a million — legal and illegal

— Nicaraguan immigrants (in a country of 4.7 million inhabitants) also requires

particular efforts to avoid any escalation of tension. In some specific areas, especially in

environment protection conventions, compliance is not always optimal due to insufficient

data or limited human/economic resources.

The country has experienced steady economic growth during the past 25 years. The

economy outpaced the average growth rate of the region in the 2000s, which nonetheless

shrank after the economic and financial crisis of 2008, presenting an estimate of 3.6 %

GDP growth in 2014. The poverty rate is stubbornly stuck at around 20 % and

unemployment amounted to 10.1 % during the first semester of 2015. Extreme poverty

increased from 6.3 % in 2012 to 6.4 % in 2013. Economic growth largely benefited

skilled labour and secondary education presented lags, especially among Costa Rica’s

poor. Inequality also rose by 2013, while the Gini coefficient went from 0.518 in 2012 to

0.524 in 2013, according to data provided by the State of the Nation Program.

According to findings published by the National Institute of Statistic and Census (INEC)

in the fourth trimester of 2013, 889 887 Costa Ricans worked in informal employment,

39 % were employed in the non-agricultural sector and 5 % in agricultural activities.

5.2.Compliance with GSP+ Obligations

5.2.1. UN Human Rights Conventions (conventions 1-7)

Status of ratification and reporting

Costa Rica has ratified all seven United Nations human rights conventions listed in

Annex VIII of the Regulation (EU) No 978/2012 applying a scheme of generalised tariff

preferences, and maintains ratification. Further details on ratification can be found in the

annex.

Costa Rica complies with its reporting obligations to monitoring bodies under the six

conventions that require reporting. All reports have been submitted, although some

delays had previously been observed concerning the Convention on the Elimination of

All Forms of Racial Discrimination (CERD), Covenant on Civil and Political Rights

(ICCPR), the Covenant on Economic, Social and Cultural Rights (ICESCR) as well as

the Convention against Torture, and other Cruel, Inhuman or Degrading Treatment or

Punishment (CAT). Further details on the compliance with reporting obligations may be

found in the annex.

Status of implementation of the conventions

International Convention on the Elimination of All Forms of Racial

Discrimination (CERD)

Indigenous peoples and the afro-descendent population face instances of social and

economic exclusion. This results in extreme poverty and limited access to education,

healthcare and other public services. In its concluding observations from 28 August

2015, the CERD Committee recommended the implementation of the National Policy for

a Society Free of Racism, Racial Discrimination and Xenophobia 2014-2025, and its

Action Plan 2015-2018. This seeks to eliminate structural discrimination, including in

access to health, education, housing, employment and social security, as well as in

decision-making process. The committee also urged Costa Rica to develop practical

mechanisms to systematically implement the ILO Convention 169, in consultation with

indigenous peoples.

However, important efforts are being carried out to address discrimination in Costa Rica.

The Costa Rican National Policy for a Society Free of Racism, Racial Discrimination and

Xenophobia 2014-2015 came in to force in February 2014.

On 27 August 2015, the Legislative Assembly unanimously approved a constitutional

reform declaring Costa Rica a multi-ethnic and multicultural state, recognising the

diversity of values, history and traditions of the nation. This implies a legal obligation to

ensure the rights of all citizens, prohibiting racism, xenophobia and racial discrimination.

The reform to the constitution followed more than 15 years of discussion, and was signed

by the President of Costa Rica, Mr Luis Guillermo Solís. Article 1 of the constitution

now reads: ‘Costa Rica is a democratic, free, independent, multi-ethnic and multicultural

Republic’. This reform does justice to important segments of the population — more than

just a legislative procedure, the amendment recognises and validates international human

rights instruments. It also clearly recognises the rights of all ethnic and cultural groups in

the country.

In September 2014, the programme ‘Improving social, political and economic skills in

Los Santos sub-region, based on intercultural coexistence’ was launched. It focuses on

migrants from Panama, Nicaragua and indigenous communities, and aims to improve

their living conditions. It is a joint project between the Costa Rican Ministry of Foreign

Affairs, the EU Commission and the Swiss Agency for Cooperation and Development.

International Covenant on Civil and Political Rights (ICCPR)

The LGTBI is considered a vulnerable group, which faces social prejudice and

discrimination, being particularly evident in the labour area. However, there has been

significant progress in the last two years, especially more recently.

In May 2015, the government approved an Executive Decree (‘Policy of the Executive

Power to eradicate discrimination against sexually diverse population from its

institutions’) which foresees disciplinary actions for public workers for LGTBI

discrimination and obliges to recognise same-sex couples in their definition of family

members when requesting certain rights, such as sick leave. In June 2015, for the first

time, a local family court (Goicoechea) ruled affirmative on a civil union condition to a

gay couple. This ruling does not grant the rights to all gay couples in the country, since it

is a case-by-case legal request. The Costa Rican Constitutional Court is currently

reviewing the decision taken by the family court.

International Covenant on Economic, Social and Cultural Rights

(ICESCR)

On 23 September 2014, Cost Rica ratified the Optional Protocol to the International

Covenant on Economic, Social and Cultural Rights.

Human trafficking and forced labour is a concern, especially among women and children,

who are victims of sexual exploitation and tourism (see the section below on labour right

conventions).

Convention on the Elimination of All Forms of Discrimination Against

Women (CEDAW)

In vitro fertilisation (IVF) was made illegal after a ruling by the Constitutional Court in

2000, declaring this method unconstitutional since it violated the embryo’s right to life.

On the basis of a particular case brought to its attention, the Inter-American Court of

Human Rights requested Costa Rica to legalise IVF in 2012, condemning the country for

going against the American Convention on Human Rights. The ruling, compulsory and

unappealable for Costa Rica, has not been implemented yet. So far, it has been

impossible to pass a law amending the situation in the Legislative Assembly, where a

significant number of members are against IVF.

In May 2015 President Solis’ government announced it will reinstate in vitro fertilisation

within six months, and thus finally comply with CIDH’s ruling. Acknowledging the

Assembly’s blockage over the issue, the president signed on 10 September 2015 an

executive decree to regulate and authorise the use of IVF and the transfer of embryos.

Effective implementation of the executive decree remains to be seen, an appeal against it

before the Constitutional Court has been lodged and the executive decree has been

temporarily suspended.

Convention against Torture and other Cruel, Inhuman or Degrading

Treatment or Punishment (CAT)

On 17 September 2014, the Legislative Assembly passed a law regulating the use of

electronic bracelets, as an alternative to detention in prison. The measure is aimed at

reducing overcrowding in prisons, which are about 38 % above their capacity.

The National Mechanism for the Prevention of Torture was created in February 2014.

Future actions and priorities

Costa Rica takes prides in considering the respect of human rights part of its identity as a

country. Therefore, its main actions and priorities in this area are a state policy. This

implies that legislation and decisions initiated by previous governments are generally

maintained and implemented by subsequent ones and policies are conceived with short,

medium and long-term goals.

The Law on Migration, in force since 2010, provided a new legal framework for

migration policy in Costa Rica. On these grounds, the first Comprehensive Migration

Policy for 2013-2023 was formally presented in early 2014. It is a plan encompassing all

commitments taken on by Costa Rica in this area for a whole decade.

The National Policy for Equality and Gender Equality 2007-2017, formulated by the

National Institute for Women, outlines the state’s commitments to reduce the gender gap

related to employment and revenues, family responsibilities, education and health,

effective rights protection and political participation of women.

The Health National Plan 2010-2021 is focused on vulnerable populations and specific

groups such as indigenous communities.

The Roadmap to free Costa Rica from child labour and the worst forms of child labour

2010-2020 establishes two main deadlines: eradicating the worst forms of child labour by

2015 and completely eradicating it by 2020. Recently, new efforts have been agreed on

the implementation of this initiative.

Since 2011, the prosecution of nationals and foreigners for sexual abuse of minors is

allowed by law.

The EU’s (budgetary support) programme PROSEC (EUR 13 million) focused on citizen

security, and continued to be implemented in 2014 and 2015. The EU’s objectives have

been to improve police training, supply suitable equipment, improve working conditions

and strengthen internal organisation.

Conclusions

Costa Rica has a long-standing positive record in human rights. All core United Nations

human rights conventions are ratified, and implementation is undoubtedly satisfactory,

through national legislation and practice. Strong human rights observance is a state

policy in the country, regardless of the ruling party. The specific concerns related to the

discrimination of vulnerable groups such as indigenous peoples and LGBTI as well as

human trafficking and in vitro fertilisation are being seriously addressed by the

government, and progress has been made. Certain general challenges, such as rising

insecurity and excessive bureaucracy, may undermine ideal protection of human rights.

Internationally, Costa Rica is highly regarded for its commitment to human rights. A

member of the Human Rights Council between 2011 and 2014, the country also obtained

a seat in the UN Security Council for the period 2008-2009, where it played a significant

role fighting war crimes impunity in Sudan. The former Costa Rican Vice President and

several times Minister Elizabeth Odio was a judge in the International Criminal Court in

2003-2012 and was elected as member of the Inter-American Court of Human Rights in

June 2015. Another Costa Rican, Catalina Devandas, was appointed UN special

rapporteur on the rights of persons with disabilities in November 2014.

5.2.2. ILO Labour Rights Conventions (conventions 8-15)

Status of ratification and reporting

Costa Rica has ratified all eight ILO fundamental labour conventions and maintains

ratification. Costa Rica complies with all its reporting obligations under these

conventions.

Status of implementation of the conventions

Freedom of association and collective bargaining (Conventions 87 and

98)

Legislation in place in Costa Rica still foresees restrictions to the right to strike, like the

requirement of a high number (50 %, previously 60 %) of persons who work in the

enterprise, workplace or establishment concerned to call a strike as well as the

prohibition of strikes by ‘workers engaged in rail, maritime and air transport enterprises’

and ‘workers engaged in loading and unloading on docks and quays’. Moreover, only

very few strikes that had occurred in the past have been declared lawful and, according to

trade union federations, the procedure to set a strike in motion could last for years.

As regards further legislative alignment, there is still a need to amend the labour code in

order to remove the requirement that trade union executive boards need to be appointed

every year, so as to adapt it to the practice followed by the authorities, which accept

nominations beyond one year.

The Committee of Experts observed with regret that the bills submitted to the Legislative

Assembly to align the legislation more closely with C087 have still not been passed. It

therefore requested once again to continue to reform labour procedures along with the

aforementioned bills. Bearing in mind the seriousness of the problems, and while

expressing disappointment at the lack of results, the Committee of Experts expressed the

hope to see significant progress in the near future regarding both legislation and practice.

In October 2012, former President of Costa Rica, Mrs Laura Chinchilla, vetoed the

Labour Code Reform (Law 9076) approved by the Congress on that same year, a

legislative procedure which started in 2005. This law contains new provisions related to

expedite judicial labour procedures, regulations on the right to set a strike, right to set a

strike on essential medical services in accordance with other jurisprudence on the matter,

among others.

In 2013, President Chinchilla partially lifted her own veto, in order to expedite judicial

labour procedures. In 12 December 2014 current President Solís completely lifted the

veto on law 9076. However, in August 2015, the Costa Rican Constitutional Court

declared the first partial veto lifting as unconstitutional; hence, Law 9076 has to be sent

back to Congress to either delete the provisions consider unconstitutional by former

President Chinchilla or consulting with the Constitutional Court. Since then no progress

was made on the adoption of this law.

With regard to implementation of Convention 098 on the right to organise and collective

bargaining the Committee of Experts noted slowness and excessive duration of judicial

cases related to anti-union discrimination acts but also efforts taken by the government

and judiciary to simplify and speed up the procedures and expressed expectation that a

bill on labour procedures discussed since 2005 would be adopted and implemented soon.

As regards collective bargaining the Committee of Experts requested the government to

address the anomalous situation in the country: in the private sector there were only 16

collective agreements in 2012 and 125 direct agreements with non-unionised workers

undermining the role of trade unions and collective bargaining. It asked the government

to take measures to give effect to a ruling of the Constitutional Chamber of the Supreme

Court of Justice (No 12457-2011), which clearly gives priority to collective agreements

which are recognised in the constitution in relation to direct agreements with non-

unionised workers. Furthermore it asked the government to intensify the promotion of

collective bargaining with trade unions.

All the above mentioned issues were examined by the Conference Committee of the

Application of Standards (CAS) in 2010, which discussed Costa Rica as a country case.

Noting that all of them had been discussed for several years and at different occasions,

the Committee of Experts expressed hope that the government, who had made some

efforts to address them, would be able to report finally substantial progress and that

relevant legislative acts would be adopted without a further delay.

According to the ILO Office in Costa Rica, President Solís’ administration has been quite

open to protecting trade union rights. ILO officers have met with the Ministry of Labour

in order to train labour judges, unions and workers on the implementation of Conventions

87 and 98.

Forced labour (Conventions 29 and 105)

To address cases of trafficking which occur in the country, Costa Rica adopted in 2012

an anti-trafficking law which, among other things, aims to combat and punish trafficking

as well as to establish a framework for the protection and assistance of victims, a law

noted with interest by the Committee of Experts. The law also provides for the

establishment of the National Coalition against Illicit Trafficking of Migrants and Human

Trafficking, responsible for the development, implementation and evaluation of anti-

trafficking policies, as well as the institutionalisation of the ‘Immediate Response Team’

(ERI), responsible for coordinating protection, assistance and rehabilitation measures for

victims. The government additionally indicated that 150 cases of trafficking were

brought before the authorities between 2009 and 2012, resulting in the conviction of 24

individuals. Statistical information provided by the government in response to the GSP+

scorecards further explains that 127 victims of trafficking were registered by the

‘Immediate Response Team’ between 2010 and 2014, more than half of which were

victims of labour exploitation.

As regards effective labour migration management and protection of migrants, the

government adopted a first National Integration Plan (2013-2017) and implemented

additional awareness-raising campaigns. Through capacity-building initiatives training

has been provided to approximately 40 000 people involved in the investigation and

prevention of trafficking in persons and exploitation of migrant workers.

Minimum age for work (Convention 138) and worst forms of child

labour (Convention 182)

In Costa Rica 16 160 children aged 5 to 14 years (2.2 %) are engaged in child labour,

with the large majority — 11 593 or 72 % — being engaged in hazardous work.

Moreover 25 027 young persons aged 15 to 17 years (9 %) are engaged in hazardous

work, according to the household survey ENAHO 2011, which was carried out by the

National Statistics and Census Institute (INEC). In this regard, the Committee of Experts

noted the implementation of the National Action Plan for the prevention and elimination

of child labour and the special protection of young workers. It also noted that according

to the government’s indication, a comparison of surveys indicates a reduction in child

labour from 49 229 in 2002 to 16 160 in 2011. Moreover, according to the 2011-2013

INEC census, the school drop-out rate for children aged 12 to 14 years has decreased

from 20.76 % in 2011 to 1.9 % in 2013.

Overall, the Committee of Experts took due note of the efforts to implement

programmatic measures to reduce child labour and increase attendance in secondary

education. However, it also observed that a considerable number of children aged 5 to 17

continue to be engaged in hazardous work. Apart from this, the Committee of Experts

noted with satisfaction the government’s information concerning the adoption of the bill

for ‘Prohibition of Hazardous and Unhealthy Work for Adolescent Workers’. This act

comprises many hazardous types of work, including mining and quarrying as well as

activities conducted in confined or closed spaces or work involving contact with

substances with character.

As regards the worst forms of child labour, according to the household survey (ENAHO)

2011, domestic work makes up one of the largest sectors of child labour with 10.3 %,

with 56 753 young persons between 5 and 17 years of age performing domestic work at

home including hazardous work. The aforementioned act, entitled ‘Prohibition of

Hazardous and Unhealthy Work for Adolescent Workers’, expressly prohibits domestic

work for young people where they must sleep at the job or remain beyond working hours.

While taking due note of the efforts to strengthen the legislation protecting young

workers, the committee requested the government to ensure effective application of this

new legislation on hazardous work.

Elimination of discrimination (Conventions 100 and 111)

The average pay gap in Costa Rica amounts to 20 %, but in some sectors, such as

manufacturing, it reaches 39 %. Women are those who are most widely engaged in part-

time work, with two out of every 10 women workers being engaged in domestic service.

The government clearly recognised the existence of pay gaps between men and women

and refers to the measures taken, as for example, the National Campaign for Compliance

with Minimum Wages, which seeks for a better distribution of wealth and vocational

skills activities so that women can have access to more job sectors. The Committee of

Experts hence asked the government to provide specific information on the impact of

these measures.

With regard to equal pay for equally valued work, the Committee of Experts had been

requesting amendments to the legislation for several years now to give full expression to

the principle of equal remuneration for men and women for work of equal value.

The Costa Rican Government has requested the ILO’s technical assistance in order to

clarify the concept of equal remuneration for men and women for work of equal value.

Women in domestic service have been the most affected, since they receive the lowest

wages even when comparing them with other workers with no studies or professional

training.

According to the Confederation of Workers Rerum Novarum (CTRN), there still exists a

high level of occupational segregation, as women do not have access to better job

opportunities or wages, although they reached a higher educational level. In 2014, the

Committee of Experts noted statistical data provided by the government, which

demonstrates the existence of occupational segregation, with most women being engaged

in the commercial, teaching and services sectors.

In its 2013 report, the Committee of Experts requested legislative changes to include

colour (race) as a prohibited ground for discrimination.

Future actions and priorities

Costa Rica is currently undergoing a series of social transformations. These include the

reform to the labour code and the renegotiation of collective bargaining conditions in the

public sector, boosted by the need of a fiscal reform that had taken the government to

reduce public expenses, including salaries and remunerations.

According to the ILO office in Costa Rica, its main priority in Costa Rica is concentrated

on social dialogue, since there is a growing need of creating trust between trade unions,

public sector and government, especially at a moment when labour unions are questioned

and have lost support.

The Costa Rican Government through the Ministry of Labour is paying special attention

to the creation of programmes that promote employment for young, disabled people and

women. Three such programmes are Mi primer empleo, Impulso and Emprende.

In Mi primer empleo, the Ministry of Labour and ILO aim to generate 3 000 jobs through

a public-private initiative that provide incentives to enterprises that hire young people,

disabled persons and women. At a second stage this project will provide training in

tourism, information technology and medical industry.

Impulso is a programme to accelerate and recover Costa Rica’s economy, as well as to

create more and better jobs in the short term. The Central Bank of Costa Rica will take

economic measures to lower interest rates that will benefit local producers. The National

Learning Institute will create 21 648 additional places in 2016 for young people to

acquire a technical diploma in specialised areas that are in high demand by companies

established in Costa Rica, as well as in English education. Finally, Emprende aims to

promote entrepreneurship among woman in vulnerable social environments.

Conclusions

Costa Rica has been taking steps to ensure effective implementation of the ILO core

labour standards, notably to combat forced and child labour. The adoption of an anti-

trafficking law to combat and punish trafficking as well as to provide protection and

assistance to victims and the establishment of the National Coalition against Illicit

Trafficking of Migrants and Human Trafficking constitute a step forward in combating

forced labour. As regards child labour, various measures to reduce child labour have

been taken and the adoption of the law ‘Prohibition of Hazardous and Unhealthy Work

for Adolescent Workers’ constitute a step forward in addressing hazardous and worst

forms of child labour. More attention needs to be paid to freedom of association and

collective bargaining, where there is a need to achieve full conformity with provisions of

these conventions.

5.2.3. UN Conventions on Environmental Protection and Climate

Change (conventions 16-23)

Status of ratification and reporting

Costa Rica has ratified all the UN conventions on environmental protection and climate

change, and maintains ratification. Costa Rica generally meets all the reporting

requirements.

However, Costa Rica is not fully compliant with the reporting obligations on the

Convention on International Trade in Endangered Species of Wild Flora and Fauna

(CITES), as the Annual Report for 2014 is due, as is the biennial report for 2013-2014.

The 2nd and 3rd National Reports are due on the Cartagena Protocol on Biosafety. On

the Basel Convention on the Control of Trans-boundary Movements of Hazardous

Wastes and Disposal, Costa Rica has not submitted required reports for 2008, 2010 or

2012.

Status of implementation of the conventions

Convention on International Trade in Endangered Species of Wild Flora

and Fauna (CITES)

Four working sessions took place in 2014 to coordinate and implement CITES. In 2015,

Costa Rica intended to prepare procedures for confiscating CITES species, create tariff

items for certain species, and develop opinions on the non-detriment of certain shark and

cocobolo species. Measures have been put in place especially to implement the CITES

listings of the five shark species included in CITES Appendix II in March 2013. The

National Service for Animal Health and Phytosanitary Service of the State will carry out

the role of Enforcement Agency.

In order to effectively include species living in Costa Rica in Annex II, Costa Rica

requires more staff. Costa Rica also lacks data to determine whether including certain

species in Annex II would harm the species or not.

Basel Convention

Costa Rica has reported to the Basel Convention that it imposes restrictions on the import

of hazardous wastes and other wastes for final disposal.

Costa Rica has a National Policy for the Integrated Management of Waste (2010-2021),

which guides public and private institutions on waste management. The national policy is

the responsibility of the Ministry of Health, and seeks to foster shared responsibility

among all relevant stakeholders. It promotes sustainable production and consumption, as

well as safe waste handling.

Costa Rica also has a number of waste-related regulations, including the Regulation for

Integrated Management of E-Waste, the General Regulation for Classification and

Management of Hazardous Waste, the Regulation for Recovery/Recycle Centers of

Valuable Residues, the Regulation on Special Management Waste Declaration, and the

Regulation on Ground Transportation of Hazardous Products.

However, Costa Rica has an on-going process to draft new waste regulation initiatives.

These include an update of the National Plan of Solid Wastes, an update to the policy on

Sanitary Landfill Operations, improvements to the regulation for co-processing of waste

in cement kilns, and a policy on co-incinerating ordinary waste.

In 2013 and 2014, Costa Rica participated in regional activities and workshops, which

had enhanced capacities for implementation. It has established a National Registry of

Authorized Waste Handlers and finished drafting its National Technical Guidelines for

Management of Electronic Waste. Furthermore, exports totalling over 370 tonnes of

hazardous waste have been performed. Costa Rica is currently implementing a project for

Environmental Mercury Detection in Urban and Rural Zones and participating in the

UNIDO E-waste and Persistent Organic Pollutants project.

Costa Rica has explained that its lack of compliance with reporting requirements is due

to a restructuring of the Ministry of Health, and a subsequent reallocation of

responsibilities for the Basel Convention. The country has since reported that it has

established of clear responsibility for implementation of the Basel Convention.

However, Costa Rica still faces several shortcomings and difficulties in its compliance

with the Basel Convention, including:

•

a lack of funding for international transport and disposing of obsolete pesticides;

a lack of dedicated incineration facilities and hazardous waste landfills for such

substances;

a lack of training for customs personnel to detect illicit trade;

a lack of reporting according to the hazardous waste classifications specified in

the convention, as well as using the OECD Codes for international transfers.

Costa Rica does not fully use the Globally Harmonised System for Hazardous Products,

which makes it difficult to obtain detailed data on trans-boundary movements of

chemical products (which could generate waste).

Convention on Biological Diversity

There were no salient shortcomings identified in Costa Rica in 2014-2015 as regards the

implementation of the CBD. In 2014, Costa Rica carried out an evaluation exercise on

the implementation of its National Biodiversity Strategy. The result showed that the

strategy has been implemented with a score of ‘average’. Costa Rica has made greatest

progress on in-situ conservation, internalisation of environmental costs of services and

incentives for sustainable use of biodiversity, and rules for access to genetic resources

and benefit sharing. Costa Rica has also carried out activities to build technical and

financial capacity in the public and private sector.

However, Costa Rica faces insufficient resources for implementing the legal framework

of the CBD. The implementation of the National Biodiversity strategy is not binding.

Additionally, while Costa Rica recognises that indigenous communities have an

important role to play in biodiversity, funding to these communities is not sufficient.

Moreover, there is a lack of national and local consultation regarding the model of

development, and Costs Rica needs a new financial ‘architecture’ to consider biodiversity

as natural capital.

Costa Rica plans to formulate a National Policy on Biological Diversity. This would be a

strategy and action plan aligning national goals with each CBD target. Also under

development are the National Land Use Policy and National Sea Policy, both of which

link to CBD.

Stockholm Convention on Persistent Organic Pollutants

Costa Rica has complied with its reporting requirements on the Stockholm Convention

on Persistent Organic Pollutants. It submitted its 3rd National Report in 2014. However,

it has not provided any further information on any other measures taken to effectively

implement the convention.

Convention on Biosafety (Cartagena)

Since ratifying the Cartagena Protocol on Biosafety in 2007, Costa Rica has submitted

national reports in 2007 and 2011. Costa Rica has no salient shortcomings on reporting

obligations.

The 2011 National Report noted that the domestic regulatory framework to implement

the Cartagena Protocol was partially in place.

Conventions on Climate Change

Costa Rica is a party to all UN conventions on climate change, including the Montreal

Protocol on Substances that Deplete the Ozone Layer, the Kyoto Protocol to the UN

Framework Convention on Climate Change, and the UN Framework Convention on

Climate Change (UNFCC).

Regarding the implementation of the Montreal Protocol, Costa Rica’s import/export

licensing system, covering hydro chlorofluorocarbons (HCFCs), has been in force since

2010, and the quota system has been operational since 2013. The Ozone Secretariat noted

that Costa Rica was in compliance with the Montreal Protocol in 2013 and that the

estimated consumption of HCFCs in 2014 was below the allowable consumption for that

year, and issued HCFC import quotas for 2015 at a level lower than the maximum

allowable consumption under the Montreal Protocol. The Government of Costa Rica has

continued, with progress, its activities planned under the HCFC phase-out management

plan. The country has an operation licensing system (supported by an online system),

which will further increase monitoring of the quota system, and sustain compliance (

Costa Rica submitted to the UNFCCC Secretariat its 3rd National Communication in

December 2014. However, it still needs to finalise and submit its first Biannual Update

Report. On 30 September 2015 Costa Rica submitted its Intended Nationally Determined

Contribution (INDC) to the 2015 Climate Agreement, which provides for a 25 %

greenhouse gas emission reduction target by 2030 below 2012 levels. Costa Rica has

included an adaptation component in its INDC. The country is currently designing a road

map for its National Adaptation Plan, and is committed to develop it before 2018.

In 2007, Costa Rica’s National Climate Change Strategy was launched. Climate change

is also addressed by the 2015-2018 National Development Plan, while the country’s VII

National Energy Plan 2015-2030 covers policies on energy efficiency and the promotion

of renewable energies.

Two National Appropriate Mitigation Action (NAMA) projects on low carbon coffee

production and livestock were submitted to the UNFCCC NAMA Registry seeking

support for implementation.

Conclusions

Costa Rica should focus on ensuring that it fully meets its reporting obligations under the

environmental protection conventions, by submitting the outstanding reports on CITES,

the Cartagena Protocol, and the Basel Convention. As regards the implementation of the

conventions, the situation is broadly satisfactory but the EU is interested in further

information on the progress done by Costa Rica to implement the on-going initiatives by

the authorities to improve the implementation of the Basel Convention. While Costa Rica

has complied with its reporting obligations under the Stockholm Convention, more

information on the specific implementation of this Convention would be welcome.

Finally, the EU also encourages Costa Rica to pursue its efforts for the implementation

of CITES, especially to address wildlife trafficking and to ensure that sound conservation

and trade measures are put in place for CITES-listed marine (sharks in particular) and

timber species.

Costa Rica is progressing regarding the implementation of the Montreal Protocol and

the Climate Change Convention. The submission of the Intended Nationally Determined

Contribution to the 2015 climate agreement is a signal of positive engagement in the new

climate agreement, and concrete action to implement the intended contribution is

encouraged.

http://multilateralfund.org/74/English/1/7426.pdf

5.2.4. UN Conventions on Good Governance (conventions 24-

27)

Status of ratification and reporting

Costa Rica has ratified the three UN conventions against illegal drugs, and maintains

ratification. It ratified the UN Convention against Psychotropic Substances in 1970, the

UN Convention against Illicit Traffic in Narcotic Drugs in 1977, and the UN Convention

against Illicit Traffic in Narcotic Drugs and Psychotropic Substances in 1991.

According to the International Narcotics Control Board (INCB) 2014 Report on

precursors and chemicals frequently used in the illicit manufacture of narcotic drugs and

psychotropic substances, Costa Rica is compliant with the obligation to submit

information pursuant to Article 12 of the 1988 Convention.

Costa Rica ratified the UN Convention against Corruption (UNCAC) in 2007, and

maintains ratification. Costa Rica does not yet face any reporting requirements.

Reviewing is carried out by the UNCAC Implementation Review Group, the

convention's monitoring body. For Costa Rica's most recent review, no summary

information is publicly available yet.

Status of implementation of the conventions

UN conventions fighting illegal drugs

Costa Rica has adopted rules for controlled chemical substances in international trade

and cooperation with other states, and has rules governing the production and internal

distribution of controlled chemical substances. In addition, Costa Rica has an updated

distributors’ licenses. The country performs inspections to licensed establishments and

issues administrative and civil sanctions to correct infringements. Costa Rica has a

competent authority with the necessary powers to coordinate actions to control the

diversion of chemical precursors. The country has mechanisms for the timely issuing of

pre-export notifications of controlled substances to other states and for responding to

those sent by other countries.

In 2012, Costa Rica made important changes to its legal framework for the control of

narcotic drugs and psychotropic substances. Regulations were adopted to improve the

monitoring of the reporting requirements for pharmacies, drugstores and pharmaceutical

laboratories. In addition, measures were adopted to increase the safety of narcotic and

psychotropic raw materials stored by pharmaceutical retailers. Measures were also

adopted to improve security when transporting controlled substances, which shortened

the period allowed for the transport of controlled products between warehouses and retail

facilities.

On demand reduction, there has been a shift towards treatment and rehabilitation for drug

users. In May 2013, the security minister stated that drug consumption is a public health

concern, and that addicts should be offered treatment instead of punishment. In February

2013, Costa Rica launched a pilot programme to offer rehabilitation to offenders who

commit minor crimes under the influence of drugs.

Combating money laundering continues to be a challenge in Costa Rica. In 2013, the

Public Ministry established a separate Money Laundering and Asset Forfeiture Bureau.

Much of the money comes from the proceeds of cocaine trafficking, and is laundered

through online gaming operations. It should be noted that investigators in Costa Rica

often do not use more sophisticated investigative techniques such as cooperating

witnesses, electronic surveillance, and undercover operations. This limits the scope and

complexity of investigations. Costa Rica is also making substantial efforts on banking

supervision, and held the XXXI plenary GAFILAT (Financial Action Task Force in Latin

America) in June 2015. At this meeting, the Costa Rican banking sector backed the

proposed national strategy to combat money laundering, and backed the National Action

Plan Against Terrorism. The strategy includes three components: prevention, detection

and intelligence, research and criminal justice. The action plan priorities are focused on

promoting inter-agency coordination on research, update of existing legislation,

improving investigative techniques and increasing support on international cooperation.

In 2011, the UN monitoring body INCB reviewed Costa Rica’s compliance with the

three international drug control conventions to which it is a party. It identified four

shortcomings in relation to drug control system, prevention availability of narcotic drugs

and psychotropic substances for medical purposes.

However, Costa Rica has recently made progress in a number of areas of drug control,

including:

•

adoption of a National Plan on Drugs, Money-laundering and the Financing of

Terrorism for 2013 to 2017. This includes a number of measures to increase

coordination among ministries and institutions dealing with drug control. Moreover, in

2014, Costa Rica adopted in its legislation the provisions of Articles 3 and 12 of the

United Nations Convention against illicit traffic in narcotic drugs and psychotropic

substances of 1988;

•

in February 2014, adoption of a decree that reforms the regulations on custody and

destruction of narcotic drugs and psychotropic substances;

•

in April 2014, a resolution from the General Directorate of Customs on the procedures

to process chemical substances;

•

in August 2013, Adoption of Act No°9161, a comprehensive amendment of Act

No°8204 on narcotic drugs, psychotropic substances, illicit drugs, related activities,

money laundering and the financing of terrorism;

•

in October 2012, Costa Rica participated in Operation Icebreaker, a regional operation

to monitor the diversion of chemical precursors used for the illicit manufacture of

methamphetamines;

•

in 2015, the Drug Monitoring Board of the Ministry of Health developed a Digital

Prescription Drugs and Psychotropic Substance system.

In particular, the annual report of the International Narcotics Control Board (INCB) in

2014 welcomed the measures taken to increase coordination among ministries and

institutions dealing with drug control, as reflected in the National Plan on Drugs, Money-

laundering and the Financing of Terrorism for the period 2013-2017.

UN Convention against Corruption

As Costa Rica only ratified the UN Convention against Corruption in 2007, it does not

yet face reporting requirements. Costa Rica was reviewed by the UNCAC

Implementation Review Group in the 2013-2014 cycle, but no summary information is

publicly available yet. Assessing progress is therefore difficult at this time.

Conclusions

The INCB's most recent review of Costa Rica’s compliance with the three international

drug control conventions shows some shortcomings on drug control system, prevention

and availability of narcotic drugs and psychotropic substances for medical purposes.

Further action is required to address these shortcomings. However, Costa Rica has made

progress in relation to the Adoption of a National Plan on Drugs, Money-laundering and

the Financing of Terrorism for 2013 to 2017. Costa Rica has also adopted some

important legislative acts on drugs control, and is taking important steps to tackle

demand for illegal drugs through treatment and rehabilitation for users.

Further information on Costa Rica's implementation of the UNCAC would be welcomed.

5.3.

Trade and Economy

5.3.1. Trade Picture

Costa Rica’s goods exports relies mainly on agricultural production (bananas, pineapple,

coffee and sugar cane), together with a growing high technology industry. According to

The World Bank, the country has a GDP of USD 49.553 million with an annual growth

rate of 3.5 % for 2014; this situation creates a GNI per capita based on PPP (

) of

USD 14 420. Costa Rica’s major business partners are the United States, European

Union and Hong Kong (China). The country imports come mainly from China, the EU

and Mexico.

In 2014, Costa Rica exports to the EU concentrated on microprocessors, bananas,

pineapples, integrated circuits, medical devices, pharmaceutical products and computer

components. Total exports accounted for USD 5.010 million. Costa Rica has 13 free

trade agreements with major partners, among them the Association Agreement between

the European Union and Central America, USA-Dominican Republic-Central America

FTA (CAFTA-DR), China-Costa Rica FTA and Singapore-Costa Rica FTA.

As a result of the EU-Central America Association Agreement, provisionally applied

since August 2013, Costa Rica will be removed from Annex II of the GSP Regulation

from January 2016. As consequences of this, Costa Rica will also cease to be a GSP+

beneficiary.

Gross national income per capita (GNI) based on purchasing power parity (PPP).

5.3.2. GSP+ Statistics

Figures 5.1-5.3 below describe Costa Rica’s utilisation of the GSP+, in the context of its

overall imports to the EU. The reduction in imports benefiting from GSP+ preferences in

2014 is a result of the alternative preferences available under the EU-Central America

Association Agreement.

Source for all statistics: Eurostat data, as of September 2015.

Figure 5.1

Costa Rica - Imports to the EU, 2012-2015

Figures in thousand EUR

Total imports to EU

GSP+ eligible imports

GSP+ preferential imports

GSP+ utilisation rate

2012

4,285,897

784,421

745,399

95.03%

2013

4,007,151

743,910

637,473

85.69%

2014

3,767,873

872,169

159,623

18.30%

2015 (Q1-2)

1,256,747

539,347

71,390

13.24%

Trend 2012-

2014

-12.09%

11.19%

-78.59%

-80.74%

Figure 5.2

Figure 5.3

Ecuador — GSP+ Assessment

6.1.Country Overview

After the highly unstable political situation between 1995 and 2005 (including the

impeachment of Presidents Bucaram and Mahuad, a bailout and dollarisation of the

economy and an attempted coup d’état) Ecuador has been transformed during a period of

political stability. This has happened in the eight years’ mandate of President Correa

(elected in 2006, took office in 2007), which, coinciding with a period of high

commodities prices and economic growth, has brought a strengthening of the state,

extensive social and public work programmes and improved social indicators. The state

has also gained greater control of the economic and political spheres.

The 2008 constitution is characterised by a concentration of power in the President of the

Republic, as well as by an increase in people’s rights, a greater presence of the state both

in institutional and in economic life, and greater control by and participation of the

government in strategic economic sectors, such as oil, mining, telecommunications and

water.

It includes a comprehensive bill of rights such as the rights of indigenous communities

and cultures, the right to health, the right to culture and the rights of nature. It also

introduces innovative concepts such as what is known as ‘the right to good living’, a

concept that defines the desirable balance of humans with their community and with

nature, in very general terms. It inspires the national plan of human rights (the National

Plan for Good Living) which, in its current version, will cover the 2013-2018 period and

will analyse completion with the requirements of the Universal Periodic Review.

However, some political and legal developments in Ecuador over the last 3 years

represent challenges for certain areas of human rights. The most significant ones concern

some civil and political rights, especially in the area of fundamental freedoms, like

freedom of expression and freedom of assembly. The new Communication Law has

increased state control over the media. Other concerns include the independence of the

judiciary and due process as well as shrinking space for the civil society. The indigenous

peoples continue to be divided on state policies over national resources, especially on the

new mining law and oil concessions. Consequently social unrest and confrontations

increased during the reporting period.

However, more positively, there has been some recent progress made on the legal

framework for women, children and asylum seekers. The level of violence against

women and impunity in this regard remains quite high, although new measures were

adopted in 2014.

The ruling party is considering the possibility of changing the constitution that could

allow indefinite re-election of the president (currently limited to two consecutive

mandates) despite heavy criticism from the opposition.

6.2.Compliance with GSP+ Obligations

6.2.1. UN Human Rights Conventions (conventions 1-7)

Status of ratification and reporting

Ecuador ratified the seven UN human rights conventions listed in the Annex VIII of the

Regulation (EU) No 978/2012 applying a scheme of generalised tariff preferences, and

maintains ratification. Further details on the ratification can be found in the annex.

Ecuador complies with the majority of its reporting obligations to monitoring bodies.

Nevertheless, delays in reporting have previously been observed. The most significant

delay concerned the International Covenant on Civil and Political Rights (ICCPR) —

Ecuador submitted the report in question on 7 August 2015, after 2 years’ delay.

Status of implementation of the conventions

Convention on the Prevention and Punishment of the Crime of

Genocide

Ecuador ratified this Convention in 1949 and has presented no reservations to the text.

There are no salient shortcomings in the implementation of this convention and, because

of the nature of its content, there is no apparent risk of violations in the current political

situation.

International Convention on the Elimination of All Forms of Racial

Discrimination

Ecuador ratified the International Convention on the Elimination of All Forms of Racial

Discrimination (ICERD) in 1966, and in 1977 made a Declaration (

The Committee on the Elimination of Racial Discrimination has received all the reports

required (the last one in 2012). The next one is expected by early 2016.

Ecuador complies with the convention overall. The new constitution of 2008 pays

particular attention to the indigenous population and their rights, to the extent that it

includes the terms ‘intercultural’ and ‘plurinational’ in its definition of the Ecuadorian

State. However, according to the monitoring report, Ecuador lacks mechanisms for

dialogue, consultation and participation of indigenous peoples in projects affecting their

territories and livelihoods.

The State of Ecuador, by virtue of Article 14 of the International Convention on the Elimination

of All Forms of Racial Discrimination, recognises the competence of the Committee on the

Elimination of Racial Discrimination to receive and consider communications from

individuals or groups of individuals within its jurisdiction claiming to be victims of a

violation of the rights set forth in the above-mentioned Convention.

International Covenant on Civil and Political Rights (ICCPR)

Ecuador ratified the International Covenant on Civil and Political Rights (ICCPR) and its

first optional protocol in 1969, and the Second Optional Protocol, aiming at the abolition

of the death penalty, in 1993. In 1984, Ecuador presented a Declaration (

The latest monitoring body report was issued in 2009, and Ecuador presented the new

one in August 2015. In April 2014 the UN Human Rights Committee submitted a list of

additional questions to Ecuador, in which it requested Ecuador to describe the legislative

measures that have been adopted to combat terrorism, and the extent to which they might

affect the rights guaranteed under the ICCPR. This concerns mainly the broad

interpretation of ‘offences of sabotage and terrorism’, which are applied when charging

people who organise or participate in public demonstrations. The committee also

requested detailed statistics on the number of people accused of terrorism or sabotage in

the context of social protests and other public demonstrations.

On freedom of expression and association, the committee requested information on how

freedom of expression was guaranteed in the new Organic Law on Communication. The

committee also asked how many criminal proceedings had been brought against

journalists, trade unionists and members of the opposition for defamation, slander or

contempt. It requested information on the content and application of the Executive

Decree No 16 related to the civil society organisations, especially with regard to the

grounds for their dissolutions, including the information on the closure of the NGO

Pachamama in 2013.

The committee also requested Ecuador to provide information on mechanisms in place to

guarantee the independence of the judiciary, in particular on the procedure for appointing

judges and prosecutors.

International Covenant on Economic, Social and Cultural Rights

(ICESCR)

Ecuador ratified the International Covenant on Economic, Social and Cultural Rights in

1969, and the optional protocol in 2010.

It has presented all the required monitoring reports to the competent body, the Committee

on Economic, Social and Cultural Rights. The most recent was presented in 2012, and

the next is due in 2017.

Two salient shortcomings were identified in the last monitoring report. Firstly, there is no

mechanism for consulting indigenous peoples and nationalities concerning natural

resources development activities. There have been several high-profile cases of public

consultation being rejected: most recently, the National Electoral Council rejected the

The Government of Ecuador recognises the competence of the Human Rights Committee to

receive and consider communications to the effect that a state party claims that another state

party is not fulfilling its obligations under the aforementioned Covenant, as provided for in

paragraph 1 (a), (b), (c), (d), (e), (f), (g) and (h) of that article.

This recognition of competence is effective for an indefinite period and is subject to the

provisions of Article 41, paragraph 2, of the International Covenant on Civil and Political

Rights.

demand presented by the Yasuni social movement for a referendum on oil exploitation in

Yasuni National Park.

Secondly, girls and women remain subject to sexual violence and exploitation.

In April 2015, a series of reforms were made to the labour code. These focused on five

key areas: strengthening and deepening the right to stability, further equity, modernising

the wage system, democratising labour representation, and universal social security.

In spite of important progress in social policies, such as the reduction in poverty,

increased literacy and more balanced income distribution, in this field there are still gaps

between theoretical enshrinement of rights and their practical implementation.

Convention on the Elimination of All Forms of Discrimination Against

Women

Ecuador ratified the Convention on the Elimination of All Forms of Discrimination

against Women in 1981.

It has presented all the required monitoring reports to the competent body, the Committee

on the Elimination of Discrimination against Women. The last one was presented in

2008.

The latest monitoring report identified the following salient shortcomings:

•

a high level of sexual abuse and harassment against girls in schools, as well as

expulsion or rejection because of pregnancy and violence;

•

vulnerability of migrant, asylum seeking and refugee women to sexual exploitation.

Full equality between men and women is still far from being a reality in Ecuador, despite

the progress made in recent years, especially in the sphere of legislation, which is quite

ahead of social practice, especially in rural areas.

The current government has made gender equality one of the core points of the new

constitution’s bill of rights, and it has promoted women’s participation in political life.

There are women’s and family police stations and units, specialising in domestic violence

and sexual crimes, at the prosecutor’s offices in the largest districts, as well as a

programme for the protection of victims of sexual violence.

The country has made progress to establish the trafficking of persons, sexual exploitation

and abuse, including forced prostitution as criminal offences. Concerned with the

increase of sexual violence, it penalises sexual abuse with reclusion of 19 to 22 years old.

The majority of the cases (83.1 %) occurred at the home of the victim or at the

aggressor’s house. Three out of 10 children suffer from some sort of violence or abuse. In

recent years, the number of complaints received increased and the authorities have

installed protection institutions to assist abused victims.

The Ecuadorean authorities recognise pregnancy among teenagers as a serious problem

and undertaken actions aiming at family planning and youth pregnancy prevention

programs.

In March 2015 Ecuador signed an agreement with UN Women to reduce wage gaps and

promote equality in the workplace. Despite the fact that wage gaps have been reduced in

the last 10 years, it still represent a difference of 20 % which increases as the educational

level rises.

Convention against Torture and other Cruel, Inhuman or Degrading

Treatment or Punishment

Ecuador ratified the Convention against Torture and Other Cruel, Inhuman or Degrading

Treatment or Punishment in 1988, and its optional protocol in 2010. It made a

Declaration in 1988 (

It has presented all the required monitoring reports to the competent body, the Committee

Against Torture. The last one was presented in 2011 and the new one should have been

presented at the end of 2014, after the visit of the sub-committee on prevention of torture

in September 2014.

The latest monitoring report identified the following salient shortcomings:

•

a difficult situation on the northern border with Colombia, with presence of groups

involved in organised crime and increased military presence;

•

abuse and sexual violence against female refugees and asylum-seekers;

•

human trafficking for sexual and labour exploitation;

•

abuse and sexual exploitation against minors in educational establishments;

•

poor conditions in penitentiary centres.

The UN Committee against Torture, in its November 2010 session, took note of

Ecuador’s efforts to reform its legislation in order to adopt the committee’s

recommendations listed in three prior reports, and to improve the implementation of

international instruments. The committee also expressed its satisfaction because since the

previous report Ecuador had ratified the optional protocol.

Torture and crimes against humanity were included in the new Criminal Code (COIP) in

Title 4, 1st Chapter, under ‘Serious human rights violations and crimes against

international humanitarian law’.

Reservation: Ecuador declares that, in accordance with the provisions of Article 42 of its

political constitution, it will not permit extradition of its nationals (6 September 1988).

The Ecuadorian State, pursuant to Article 21 of the International Convention Against

Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, recognises the

competence of the Committee against Torture to receive and consider communications to the

effect that a state party claims that another state party is not fulfilling its obligations under

the convention; it also recognises in regard to itself the competence of the committee, in

accordance with Article 21.

It further declares, in accordance with the provisions of Article 22 of the convention, that it

recognises the competence of the committee to receive and consider communications from

or on behalf of individuals subject to its jurisdiction who claim to be victims of a violation

by a state party of the provisions of the convention.

Convention on the Rights of the Child

Ecuador ratified the Convention on the Rights of the Child in 1990, the optional protocol

to the Convention on the Rights of the Child on the involvement of children in armed

conflict and the Optional Protocol to the Convention on the Rights of the Child on the

sale of children, child prostitution and child pornography in 2004.

It has presented all the required monitoring reports to the competent body, the Committee

on the Rights of the Child. The last one was presented in 2010 and the new one should be

presented in May 2016.

The latest monitoring report identified the following salient shortcomings:

•

continuation of the low legal minimum age for contracting marriage;

•

unwanted pregnancies as result of rape and prohibition of some types of emergency

contraception.

Ecuador made significant progress in eliminating the worst forms of child labour. Its

main goal is to eradicate it by 2017. It recognises that relatively higher rates of child

labour existed among the rural population and represents 15.5 % of the national figures.

Currently, 8.56 % or 359 000 (of a total 4.2 million children) are still working. Around

450 000 children and adolescents stopped work in the past 5 years. The government also

launched the Unified Child Labour Registration System (SURTI) and prioritised the

eradication of child labour in agriculture as well as street begging.

It should be mentioned that the state removes the social development bonus (BDS) if

beneficiaries have their children in the streets and are not attending the system education,

this is one of other additional conditions beneficiaries must meet (e.g. medical check-

ups).

The Ecuadorean authorities recognise pregnancy in teenagers as a serious problem and

Ecuador has one of the highest rates in the region. Actions taken to curb down these

figures include the implementation of family planning and youth pregnancy prevention

programs.

Future actions and priorities

Ecuador's main official objectives on Human Rights at national and multilateral level are

the following (among others)

•

Promoting the development of international law on human rights, through the

promotion of the international doctrine and the subscription to international

instruments;

•

Promoting a better protection of the human rights of specific groups such as

racial, linguistic, religious, and sexual minorities; indigenous peoples;

migrants and their families; women and children; people with disabilities, etc.;

http://www.cancilleria.gob.ec/es/principios-y-propositos-del-ecuador-en-el-nuevo-consejo-de-derechos-

humanos-de-las-naciones-unidas/

•

Fulfilling with the obligations that come from the international agreements

signed and ratified by Ecuador, such as the presentation of periodic reports and

the follow-up of the recommendations;

•

Promoting the harmonisation of the internal legislation with all the

international human rights agreements, of which the Ecuador is party;

•

In 2002, Ecuador formulated an invitation opened for all the mechanisms of

human rights of the United Nations in order to evaluate the situation of the

human rights in the country, through official visits. Up to date, the Special

Relators who have realised such visits are the Special Relator on Poverty,

Migrants, Indigenous Peoples, and the Working Group on Arbitrary Detention.

Conclusions

The implementation of rights recognised in the 2008 constitution remains a challenge,

especially in areas such as freedom of expression, assembly and association. The new

legislative framework (Communication Law, Penal Code, Presidential Decree No 16),

remains the most serious concern for activities carried out by civil society organisations

and the media.

Nonetheless, throughout the reporting period, Ecuador also introduced innovative

concepts such as ‘the right to good living’, a concept that aims to ensure adequate

distribution of national wealth in order to achieve full employment and improve the

standard of living and life expectancy. Ecuador has advanced its policies aiming at the

protection of children’s and women’s rights, as well as anti-discrimination. It has also a

good record in poverty reduction (from 37 % in 2006 to 23.6 % in 2013). The overall

compliance with the UN human rights reporting mechanisms remains correct;

nevertheless Ecuador has some delays with the reporting period.

6.2.2. ILO Labour Rights Conventions (conventions 8-15)

Status of ratification and reporting

Ecuador has ratified all eight International Labour Organisation (ILO) fundamental

conventions, and maintains ratification. For details please see the annexed table.

Historically, Ecuador has not fully complied with all its reporting obligations under the

core labour conventions. However, at present, all required reports have been submitted.

Status of implementation of the conventions

In April 2015, Ecuador made fundamental reforms to its labour code. These focused on

five key areas: strengthening and deepening the right to stability; further equity;

modernising the wage system; democratising labour representation; and ensuring

universal social security.

Last year, the executive proposed several labour amendments to the constitution. These

are currently under scrutiny, in the framework of the dialogue held between the

government and one of its affiliated unions. The proposals include ratifying ILO

Convention 151 on labour relations in the public service, ILO Convention 154 on

collective bargaining and ILO Convention 184 on social security and health in

agriculture.

Freedom of association and collective bargaining (Conventions 87 and

98)

In its latest report from 2015, the ILO Committee of Experts on the Application of

Conventions and Recommendations (CEACR, hereinafter referred to as Committee of

Experts) noted with concern the government’s indication that the provision that for all

labour relation matters in state institutions, the labour sector shall be represented by a

single organisation, seeks to prevent the formation of several organisations that pursue

the same ends and to ensure the existence of a single organisation that is strong and solid.

Emphasising the importance of the possibility for workers to be able to change or

establish new trade unions, for reasons of independence, effectiveness and ideological

affinity, the Committee of Experts requested the government to amend the constitution so

as to comply with the convention, and to provide information on any developments. In

light of legislative matters that have been pending for several years, it further asked the

government to amend the labour code, while informing about any developments in this

respect.

The Committee of Experts also noted with concern that a section of the new penal code

adopted in 2014 includes the organisation of or participation in peaceful strikes as a

criminal offence. The Committee of Experts asserted that no criminal penalties should be

imposed on workers for participation in a peaceful strike, and therefore on no account

should prison sentences or fines be imposed. The Committee of Experts has requested

Ecuador to amend the new penal code in line with the convention. While noting that, in

November 2014, the president announced a proposal for revision of various aspects of

the labour code, the Committee of Experts hoped that the government, in consultation

with representative workers’ and employers’ organisations, will adopt the necessary

measures to reform the legal and regulatory provisions referred to above.

As regards public servants, the constitution appears compatible with the establishment of

minimum services in the event of a strike in providing that the law shall set limits to

ensure their functioning, the Committee of Experts again requested the government to

take the necessary measures to clarify or amend certain provisions accordingly and to

provide information on any developments. With regard to an article of the constitution

which establishes that collective labour disputes shall be referred to courts of conciliation

and arbitration, the Committee of Experts asked the Ecuadorian administration to repeal

or amend this provision to ensure that compulsory arbitration is possible only in the

instances cited above, and to provide information on any developments in this respect. It

also requested a clarification regarding the extent to which the legislation recognises

public servants’ right to strike. The government was asked to reply in detail to the present

comments in 2015.

In its reply, Ecuador underlined that ‘it is in its power to respond or not to the

observations of the Committee of Experts, and in no way not responding cannot be

regarded as a failure to comply with international commitments’. The authorities stressed

that there were no legislative amendment allowing the state to interfere with trade unions,

and that ‘the Constitution of the Republic guarantees in Article 326, the right to work,

establishment of trade unions, the right to strike and collective disputes that are submitted

to courts of conciliation and arbitration. The right to strike is also guaranteed in the

labour code. The constitution does not impose monopoly on trade unions (Article 326)

the rights of public servants and its organisation are contemplated in the Organic Law of

Public Service and the Labour Code in the case of public servants’.

In its latest report, the Committee of Experts once again requested the government to

ensure that the legislation includes a specific provision guaranteeing protection against

acts of anti-union discrimination at the time of access to employment. In its previous

comments, it also pointed out the need to amend the labour code section respecting the

submission of the draft collective agreement, so that minority trade union organisations

with a membership amounting to no more than 50 % of the workers may negotiate on

behalf of their own members.

Besides, the Committee of Experts recalled that various national trade union federations

had alleged that the social partners were not being consulted about the draft revision of

the labour code. It noted the government’s information, indicating that the draft has been

widely disseminated among the public and that, moreover, the president announced in

November 2014 a new proposed revision of various aspects of the labour code.

Therefore, the Committee of Experts requested to ensure that any draft reform is the

subject of in-depth consultations with the representative organisations of workers and

employers, to reach, in so far as possible, joint decisions. It further urged to take

measures to ensure that legislation applicable to the public sector contains provisions

which prohibit any acts of anti-union discrimination; provisions which prohibit any acts

of interference; and provisions which set forth dissuasive penalties where such acts are

committed.

Recalling that there are mechanisms to allow the protection of the principle of equal

remuneration for work of equal value in the public sector and compliance with budgetary

availability to be reconciled with the recognition of the right to collective bargaining, the

Committee of Experts once again requested the government to restore the right to

collective bargaining in all areas affecting the living and working conditions of public

sector workers enshrined in the convention. The Committee of Experts also called on the

government, once more, to take measures so that the determination of the abusive

character of clauses in collective agreements in the public sector falls within the

competence of judicial power. It further requested to ensure that all categories of public

servants not engaged in the administration of the state enjoy the right to collective

bargaining.

The Committee of Experts hopes that the Ecuadorian administration will take account of

all the comments that it has been making for many years and that, in consultation with

representative workers’ and employers’ organisations, it will take the necessary measures

to amend the above laws and regulations, including those contained in the labour code

that is currently under revision. The government is asked to reply in detail to the present

comments in 2015.

Ecuador does not share the observations on alleged restrictive to freedom of association,

replying that ‘there is no anti-union discrimination in employment, since the Constitution

of the Republic (Article 326 No 7) of the labour code and the LOSEP (Article 23 lit. f)

guarantee the right of association. In the case of public servants, it seeks to protect

citizens of the complete paralysis of public services. (Constitution of the Republic Article

326 No 15, LOSEP Article 24 lit. h, COIP Articles 345-346)’.

Forced labour (Conventions 29 and 105)

In its latest report published in 2015, the Committee of Experts encouraged the

government to pursue its efforts to ensure that appropriate protection and assistance is

provided to victims of forced labour, including victims of trafficking, and to provide

information on the steps taken. It asked to continue to take measures to ensure that

migrant workers are fully protected from abusive practices and conditions that amount to

forced labour, and to provide information in this regard.

On prison labour, the Committee of Experts requested the government to inform on the

provisions governing the work of convicted persons, particularly indicating whether the

legislation in force allows the work of prisoners to be carried out for private enterprises.

In the affirmative, it requested the Ecuadorian administration to indicate how it is

ensured that such work is performed voluntarily, which necessarily requires the formal,

freely given and informed consent of the prisoners concerned.

According to the information provided, the Constitution of the Republic (Article 66

No 17, 29 paragraph b) provides protection against forced labour and exploitation, the

recent adoption of the Code of Criminal Integral, which defines crimes against trafficking

(Articles 91-94) and includes sanctions against various forms of exploitation (Articles

95-110).

In the 2015 report, the Committee of Experts further requested the government to provide

information on how the work of convicts is organised, so as to enable it to ascertain the

voluntary nature of prison labour. It asked for a copy of the rules regulating the work of

convicts.

Worst forms of child labour (Convention 182)

Ecuador has made significant progress in eliminating the worst forms of child labour.

The government also launched the Unified Child Labour Registration System (SURTI)

and prioritised the eradication of child labour in agriculture as well as street begging.

Recalling the vulnerability of street children, who are particularly at risk of being victims

of the worst forms of child labour, the Committee of Experts asked the government to

inform on its programmes to protect street children and to eliminate the sale and

trafficking for children for begging. It also requested detailed information on the

measures taken to ensure that children of indigenous peoples have easier access to the

system of bilingual education so as to protect them from being engaged in the worst

forms of child labour. The government should also inform about its effective and time-

bound measures to protect child domestic workers against the worst forms of child

labour.

Minimum age for work (Convention 138)

The Committee of Experts requested the government to strengthen its efforts to eradicate

child labour, including in hazardous work, and provide information concerning measures

taken, including within the framework of the national plan to prevent and eradicate child

labour and the South–South cooperation project.

In the information provided, Ecuador recalled that the constitution prohibits work for

children under the age of 15. The labour code confirms the minimum age for admission

to employment of children under age 15, prohibits night work for minors and establishes

a list of work activities, which because of their high risk, are prohibited to young people

under 18. Ecuador considers that it has made significant, internationally recognised

progress, in eliminating child labour and that this is reflected in the statistics and the

implementation of successful projects. National statistics show a decrease in child labour

(5-14 years) to 3.8 %.

Noting the residual disparity between the net attendance rate in primary and secondary

education, the Committee of Experts requested to ensure that children attend compulsory

education, at least until the age of 14 years. Ecuador, for its part, informed that the net

enrolment rate in 2013 was 96 % nationally. In addition, it has overcome a history of

discrimination, since there is no difference in net enrolment between mestizo children,

indigenous and Afro-Ecuadorians.

Elimination of discrimination (Conventions 100 and 111)

In its latest report published in 2014, the Committee of Experts urged the government to

amend sections of the labour code so as to give full expression to the principle of equal

remuneration for men and women for work of equal value. It further encouraged to

request ILO technical assistance.

In its latest report from 2014, the Committee of Experts requested the government to

provide information on the establishment of national equality councils and their areas of

competence, as well as on the difficulties encountered in the discharge of their functions.

It asked for evidence on the implementation of the National Plan for Good Living 2009-

2013, and requested the government to provide specific information on the action taken

in accordance with the above policies and plans, in particular indicating their impact on

improving the access of women to employment.

Lastly, the Committee of Experts requested the government to continue providing

information on the implementation of measures to prevent discrimination against persons

living with HIV. Furthermore, Ecuador was asked to prove the impact of these measures

on the participation of Afro-Ecuadorian, indigenous and Montubio peoples on the labour

market.

In March 2015 Ecuador signed an agreement with UN Women to reduce wage gaps and

promote equality in the workplace. Despite the fact that wage gaps have been reduced in

the last 10 years, it still represents a difference of 20 %, which increases as the

educational level rises.

Future actions and priorities

The legislative reforms of the labour code started in April 2015 are likely to continue,

focusing on:

•

strengthening and deepening the right to stability;

•

further equity;

•

modernising the wage system;

•

democratising labour representation;

•

ensuring universal social security.

The debated labour amendments to the constitution presented last year by the executive

are currently under scrutiny, in the framework of the dialogue held between the

government and one of its affiliated unions. The ratification of ILO Convention 151 on

labour relations in the public service, and convention 154 on collective bargaining and

184 on social security and health in agriculture would have been part of the agreements.

Conclusions

As outlined above, Ecuador has ratified all eight ILO fundamental conventions and, in

general, complies with the conventions. Nevertheless, the Committee of Experts has

identified shortcomings in terms of legislative alignment and practice, and issued

corresponding recommendations, in particular on Conventions 87 and 98. While it has

repeatedly requested the government to amend the legislation in order to include

provisions guaranteeing protection against anti-union discrimination, Ecuador does not

share the observations on alleged restrictions to freedom of association in the public and

private sector. Ecuador recalls its position that the comments, observations and

recommendations of the Committee of Experts are not binding, so that states are free to

apply them or not. Therefore Ecuador takes note of the recommendations, but in the

exercise of its sovereignty decides the laws and policies that comply with international

instruments signed by the state.

The European Commission and the EEAS highlight that this approach expressed by

Ecuador undermines the effectiveness of ILO supervision and is not in line with the

binding nature of international agreements accepted by Ecuador when ratifying them.

The EU will endeavour to further clarify this approach in the dialogue with Ecuador, as

it is very important for the protection and functioning and effectiveness of the ILO

supervisory system.

6.2.3. UN Conventions on Environmental Protection and Climate

Change (conventions 16-23)

Status of ratification and reporting

Ecuador has ratified all GSP+-relevant conventions on environmental protection and

climate change, and maintains ratification.

Ecuador is fully compliant with its reporting requirements on the Convention on

Biological Diversity, the Stockholm Convention on Persistent Organic Pollutants and the

UN conventions on climate change.

However, Ecuador is not fully compliant with its reporting requirements for other

conventions. On CITES, biennial reports for 2009-2010 and 2011-2012 are due, although

Ecuador is currently preparing these reports by collecting issued permits. On the Basel

Convention on the Control of Trans-boundary Movements of Hazardous Wastes and their

Disposal, annual reports are due for 2010, 2011, 2012, and 2013.

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Status of implementation of the conventions

Convention on International Trade in Endangered Species of Wild Flora

and Fauna (CITES)

Ecuador’s national legislation is ranked as Category 2, which means that it does not fulfil

the requirements for implementation. Draft legislation needs to be finalised and

submitted, along with additional political engagement.

Ecuador’s administrative authority has been working on the wording of the regulation for

the implementation of the convention in Ecuador, aiming at establishing the necessary

legal framework for the effective implementation of the convention nationwide.

Currently the proposal is with the general legal coordination team of the Ministry of

Environment, before being revised and approval of the presidency. However, the timeline

for this is unclear.

Furthermore, Ecuador is implementing actions in support of issuance of electronic

CITES permits, in cooperation with countries of the Amazon Cooperation Treaty

Organization.

Basel Convention

Ecuador has carried out inventories in the provinces of greater industrial development to

adopt methodologies for cleaning production and final disposal in an environmentally

appropriate way, seeking to optimise production processes and using less toxic,

alternative substances. The country is not a hazardous waste trans-boundary receiver.

The Ministry of Environment seeks to strengthen control of solid waste through

regulations to control the industry, and forcing it to take responsibility for the waste it

produces. At the level of municipalities, the regulation is rigid: local authorities must

submit annual plans with their corresponding annual expenditures for the management of

solid waste. If they do not comply, the Ministry of Environment directly fines the

mayors. Together with these measures and others, the authorities promote education and

awareness campaigns to the public about solid waste management. This is boosting

recycling levels.

Ecuador has strengthened its management of hazardous and special waste by publishing

standards and policies, such as the National Policy on Post-consumption of Obsolete

Electronics and Electronic Equipment, and the Regulation on Medical Wastes.

Ecuador does not have a digital platform for the national system of management of

hazardous and special wastes, although it intends to implement such a system. Following

this, Ecuador hopes to submit its due national reports for 2010 and 2011.

Convention on Biological Diversity

There were no salient shortcomings identified in Ecuador in 2014-2015 as regards the

implementation of the Convention on Biological Diversity, although biodiversity loss has

not been halted, and concrete measures to implement the convention should be

strengthened.

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Stockholm Convention on Persistent Organic Pollutants

Ecuador has complied with its reporting obligations under this convention. However, it

has not provided any other information on measures taken to effectively implement the

convention.

Convention on Biosafety (Cartagena)

Ecuador has no salient shortcomings regarding its reporting obligations under Cartagena

Protocol on Biosafety, according to the report of the Compliance Committee in 2014.

Concerning implementation of the Cartagena Protocol Ecuador informed in its 2nd

National Report that domestic regulatory framework is partially in place. The

Constitution of Ecuador, adopted in 2008, contains some provisions on living modified

organisms.

Conventions on Climate Change

Ecuador is a party to the UN Framework Convention on Climate Change (UNFCC), the

Kyoto Protocol on the UNFCC, and the Montreal Protocol on Substances that Deplete

the Ozone Layer.

Regarding the implementation of Montreal Protocol, an enforceable national system of

licensing and quotas for HCFC imports and exports is in place since July 2012 and the

system is capable of ensuring compliance with the Montreal Protocol (

Ecuador submitted to the UNFCCC Secretariat its Second National Communication in

April 2012. It has yet to submit its First Biennial Update Report. On 13 October 2015

Ecuador submitted its Intended Nationally Determined Contribution (INDC) to the 2015

Climate Agreement, which envisages a greenhouse gas emission reduction target in the

energy sector of 20.4-25 % below the business-as-usual (BAU) scenario. A potential for

reducing emissions even further in the energy sector, to a level between 37.5 and 45.8 %

with respect to the BAU scenario has also been calculated. The INDC also contains an

adaptation component, aiming to strengthen the adaptive capacity of at least 50 % of the

most vulnerable parts of the country, establish early warning systems and risk

management at all levels of government and reach zero-rate deforestation.

Climate change adaptation and mitigation have been declared state policies since 2009

via executive decree and through the Interinstitutional Committee on Climate Change

established in 2010 as the governmental organ for the coordination and integral execution

of national policies related to climate change. Climate change is also addressed by the

National Plan of Good Living 2013-2017 and the National Climate Change Strategy

2012-2025. Ecuador is also working on a National Climate Change Plan 2015-2018, with

the main objective of operationalising the National Climate Change Strategy.

Conclusions

While generally complaint with its requirements to report under the conventions on

environmental protection, Ecuador should submit the outstanding reports on CITES and

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the Basel Convention.

Moreover, Ecuador should be encouraged to accelerate its adoption of legislation which

complies with CITES. While national plans have been developed for the Basel

Convention and to some extent for the Cartagena Protocol, further information on the

actions taken to effectively implement the conventions would be welcomed.

Ecuador is progressing regarding the implementation of the Montreal Protocol and the

Climate Change Convention. The submission of the Intended Nationally Determined

Contribution to the 2015 climate agreement is a signal of positive engagement in the new

climate agreement, as is the development of a National Climate Change Strategy.

However, further actions should be taken to ensure that these intentions are fully

implemented.

6.2.4. UN Conventions on Good Governance (conventions 24-

27)

Status of ratification and reporting

Ecuador ratified the UN Convention on Narcotics in 1964, the UN Convention on

Psychotropic Substances in 1973, and the UN Convention against Illicit Traffic in

Narcotic Drugs and Psychotropic Substances in 1990. As of January 2015, Ecuador

maintained ratification and was compliant with all requests for monitoring information

from the monitoring body of the three core UN conventions on fighting illegal drugs

(International Narcotic Control Board — INCB).

Ecuador ratified the UN Convention against Corruption in 2005. Reviewing is carried out

by the UNCAC Implementation Review Group, the convention's monitoring body.

Neither the full report nor the executive summary of the most recent review on Ecuador

is publicly available yet.

Status of implementation of the conventions

UN conventions fighting illegal drugs

Situated between two of the world’s largest cocaine production countries, Ecuador is a

major transit country for illegal narcotics. Cocaine and heroin from Colombia and Peru

are trafficked through porous land borders and via maritime routes for distribution in the

rest of the world. Ecuador is also a major transit country for chemical precursors to

process illegal narcotics. It is vulnerable to transitional organised crime due to weak

public institutions, permeable borders and corruption. Domestic drug consumption is

rising and public treatment facilities are insufficient to treat Ecuador’s drug addicts.

In 2012, INCB, the UN monitoring body, reviewed Ecuador’s compliance with the three

international drug control conventions. The main shortcoming identified was the need to

strengthen the system of drug control.

http://www.multilateralfund.org/70/English/1/7032.pdf

103

The analysis provided by the INCB in its report for 2014 confirms that not only is

Ecuador used by transnational crime organisations as a repository and delivery platform

for drugs through airports and seaports, but various international organised crime

networks are establishing themselves in the country. In spite of this, the Ecuadorian

national police are becoming more effective in combating drug trafficking.

The quantity of drugs seized in 2014 demonstrates that the Ecuadorian authorities

continue to be effective in this field. However, a steady rise in drugs seizures suggests

that the problem has taken on a worrying dimension.

Ecuador has taken a number of measures to reduce the drug trafficking. At the

institutional level, the Ministry of the Interior is planning to equip the anti-drugs

directorate of the national police with state-of-the-art scanners for checking containers in

ports. In August 2014, Ecuador adopted a new integral organic penal code. This classifies

trafficking offences into four degrees of severity, and prescribes minimum and maximum

terms of imprisonment for each category. Article 228 of the code, which decriminalises

the possession of drugs for personal use, envisaged the adoption of further regulation in

order to better define the discipline. This regulation has been adopted in September 2015,

through the modification of a pre-existing resolution.

Moreover, the new Organic Law on Comprehensive Drug Prevention, approved by the

Ecuadorian Assembly on 1 October 2015 but still not entered into force, aims for

‘comprehensive drug prevention, by establishing a legal and institutional framework to

address drug consumption, and the regulation of the substances that are subject to

control’. It stipulates more than 100 substances that would be ‘controlled’. The document

proposes to create a technical secretariat of drugs, under the control of the president, to

‘regulate and control the activities related to the import, export, cultivation, production,

marketing, distribution, transportation, and use of certain drugs’.

Although the efficiency of preventing drugs from leaving Ecuadorian territory has

improved, a similar trend has not been observed for drugs entering the country. In this

context, the Ministry of the Interior has confirmed the government’s commitment to

reduce supply and demand through a more integrated approach.

The provinces of Guayas, Pichincha, Manabí and El Oro have the highest levels of

micro-trafficking. 2014 was declared as the year for eradicating the sale of drugs in

schools and educational establishments, which is expected to have a positive effect on the

evolution of domestic demand. Furthermore, in November 2014, a special micro-

trafficking team was set up within the anti-drugs directorate of the police.

UN Convention Against Corruption

The on-going reform of the judiciary should lead to major political improvements in

terms of reduced corruption, and to increased efficiency which should reduce the

alarming levels of impunity for crime, with low ratios of crimes investigated to crimes

committed and even lower convictions rates. However, further information on Ecuador's

implementation of the UNCAC would be welcomed, particularly as the executive

summary of the most recent monitoring body review is not publicly available.

Conclusions

As a major transit country for illegal narcotics and precursors, and despite the

104

significant presence of organised crime, Ecuador is making efforts to maintain a zero-

tolerance policy towards the cultivation, processing and trafficking of narcotics and to

improve cross border counternarcotic cooperation. Ecuador has also made noteworthy

improvements in surveillance capabilities along its border allowing to significantly

reducing drug supply. The legislative amendments adopted will be crucial to allow

Ecuador to make further progress in relation to both drug demand reduction and drug

supply reduction.

While Ecuador's on-going judicial reform is an important step in tackling corruption,

further action is required. Details of Ecuador's other efforts to implement the UNCAC

would be welcomed.

6.3.

Trade and Economy

6.3.1. Trade Picture

The Ecuadorian economy is highly dependent on its petroleum resources, which

accounted for more than half of the country’s export earnings in recent years. In March

2000, the Congress approved a series of structural reforms that also provided for the

adoption of the US dollar as legal currency. Economic growth in Ecuador has been

inclusive, which has directly reduced poverty and inequality levels and increased the

middle class. However, the sharp decline in oil prices and the appreciation of the US

dollar in the last few months have affected the trade balance and the competitiveness of

Ecuadorian exports. The main economic indicators are showing a marked deterioration in

the second quarter of 2015, regarding GDP, inflation and employment rates, credits

granted, as well as trade and payment balances. The economic complexities are expected

to continue in 2016.

In 2014 Ecuadorian exports to the EU amounted to more than EUR 2.6 billion. This

shows an increase in exports of 2 % in comparison with 2013. Ecuador’s main export

products to the EU are edible fruits and nuts (worth EUR 853 million, or 33 % of total

exports) and fish and crustaceans (worth almost EUR 607 million, or 23 % of total

exports).

Ecuador was classified by the World Bank as an upper-middle-income country in 2011,

2012 and 2013. Accordingly, since 1 January 2015, Ecuador is no longer on the GSP

beneficiary list under the current scheme. Negotiations for Ecuador’s accession to the

EU-Colombia/Peru Trade Agreement were concluded on 17 July 2014 and the draft

Protocol of Accession was initialled by Ecuador and the EU in December 2014. In order

to avoid unnecessary trade disruption pending the completion of the procedures for the

approval and application of the Protocol of Accession, it was necessary to ensure that

customs duties applied on the date of initialling of the Protocol of Accession were not

increased and that no new customs duties were applied on products originating in

Ecuador. To this end, a ‘Standstill Regulation’ provides for the maintenance of the level

of duty rates that were applicable to Ecuador on the date of initialling of the Protocol of

Accession until 31 December 2016.

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6.3.2. GSP+ Statistics

Figures 6.1-6.3 below describe Ecuador’s utilisation of the GSP+, in the context of its

overall imports to the EU. Ecuador exited the GSP+ on 1 January 2015, so the figures

below include information on GSP+ imports only for 2012, 2013, and 2014.

Source for all statistics: Eurostat data, as of September 2015.

Figure 6.1

Ecuador - Imports to the EU, 2012-2014

Figures in thousand EUR

Total imports to EU

GSP+ eligible imports

GSP+ preferential imports

GSP+ utilisation rate

2012

2,438,691

1,495,329

1,476,891

98.77%

2013

2,550,390

1,547,694

1,471,451

95.07%

2014

2,616,547

1,565,221

1,463,628

93.51%

Trend 2012-

2014

7.29%

4.67%

-0.90%

-5.32%

Figure 6.2

106

Figure 6.3

107

El Salvador– GSP+ Assessment

7.1.Country Overview

El Salvador still faces a number of serious structural political, economic and security

challenges that affect its overall performance in the implementation of GSP+

conventions. Salvadorian economic performance is hindered by long-lasting obstacles.

The country suffers from limited financial capacities, due to very low tax revenues and

limited competitiveness. This has a negative effect on national income and restricts the

resources available for social policies. In spite of recent progress, corruption reduces the

room for manoeuvre. Moreover, some parts of the country have been historically

excluded from governmental presence and therefore from state policies and access to

basic social services.

Insecurity and crime are rampant and mostly related to gang warfare. Youth gangs have

proliferated in the last decade but government efforts to curb their rise have proved

mostly ineffective. In 2012, a truce between the two major gangs of the country brought

down homicides drastically. However, the truce process ended in 2014, and the security

situation has since deteriorated. The persistent culture of confrontation and violence is a

significant structural constraint. The prominence of the informal sector in El Salvador is

also an obstacle for the development of basic social protection. Finally, the persistence of

stereotypes and social resistance against gender equality hampers progress towards the

elimination of discrimination against women.

Moreover, the geographic location of El Salvador makes of the country a transit route for

trafficking of drugs, arms and human beings, and money laundering. In turn, this

reinforces the presence of organised criminal groups.

7.2.Compliance with GSP+ Obligations

7.2.1. UN Human Rights Conventions (conventions 1-7)

Status of ratification and reporting

El Salvador has ratified the seven UN human rights conventions listed in the Annex VIII

of the Regulation (EU) No 978/2012 applying a scheme of generalised tariff preferences,

and maintains ratification. Reservations were issued regarding the International Covenant

on Civil and Political Rights and the Convention on the Elimination of All Forms of

Discrimination against Women. Further details on the ratification can be found in the

annex.

El Salvador complies with most of its reporting obligations to monitoring bodies.

Nevertheless, delays in reporting of less than one year are observed for the International

Covenant on Civil and Political Rights (ICCPR). A more significant delay, of 18 months,

is to be noted regarding the Convention against Torture and other Cruel, Inhuman or

Degrading Treatment or Punishment (CAT). Further details on the compliance with

reporting obligations can be found in the annex. The government issued a standing

invitation to all UN special procedures in 2014.

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Status of implementation of the conventions

International Convention on the Elimination of All Forms of Racial

Discrimination (CERD)

The discrimination against the indigenous population and the shortfalls between urban

and rural areas tarnish the human rights situation. Recent developments in favour of

economic, social and cultural rights for indigenous peoples should be acknowledged.

However, the lack of reliable disaggregated information and statistics on the composition

of the population and disaggregated economic indicators hamper a comprehensive

understanding of and effective response to the situation. The methodology used to collect

data in the 2007 census needs to be improved for the forthcoming 2017 census.

The launch of a national plan for indigenous peoples has been put on hold by the

government as it appears that broad consultation with civil society was largely omitted. It

is difficult to gauge the government’s commitment to ensuring proper compensation and

to guaranteeing access to land, self-government, political participation and cultural rights,

as well to fighting racism and discrimination.

The country has not yet ratified Convention 169 of ILO on indigenous and tribal peoples.

However, the amendment to Article 63 of the constitution that was adopted in 2014

marked a positive step towards the improvement of the situation of indigenous peoples.

For the first time, this amendment recognises the indigenous peoples. The article states

that ‘El Salvador recognises the indigenous peoples and shall adopt policies to preserve

and develop their ethnic and cultural identity, world view, values and spirituality.’ In

addition, the implementation of the Program for Indigenous Youth Leaders has been

beneficial, contributing to protecting ancestral languages (Nahuat) and promoting the

revival of indigenous culture.

These positive developments align with the provisions of the CERD, although they still

need to translate into a concrete and comprehensive policy.

International Covenant on Civil and Political Rights (ICCPR)

The deteriorating security situation (due to gang warfare) is one of the most worrying

human rights developments. Since 2014, homicide rates have been rising, reaching

record-high levels in 2015. Some months in 2015 registered the highest number of

murders since the end of the civil war (1979-1992). This makes of El Salvador one of the

most violent countries worldwide.

The negative impact of the poor human security situation can be felt in all layers of

society and particularly among vulnerable groups (women and children). Drug

trafficking, extortions, assaults, robbery and assassinations are pervasive. Impunity is a

major concern and perhaps the main challenge for the effective protection of human

rights in the country. Impunity averages 95 % for most serious crimes (homicides and

disappearances), as only 5 % of the cases lead to formal judicial proceedings and

sentences. Rates are also high for less serious offences such as assault, extortion, rape

and burglary. Most crimes go unreported as victims generally fear reprisals from gangs.

The police often have no other choice than to release suspected criminals, due to a

persistent lack of evidence and infrequent witness accounts.

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The government has shown more determination to tackle impunity for crimes committed

during the armed conflict, as in the emblematic cases of the murder of Monsignor

Romero, the El Mozote massacre and cases of disappeared children. This is in

compliance with the requests of the Inter-American System of Human Rights. However,

an amnesty law prevents further investigation into human rights abuses committed during

the civil war, which is unlikely to be repealed in the foreseeable future.

The judicial body suffers from severe congestion, overload and a lack of full

independence. This situation prevents swift proceedings and fuels a general feeling of

impunity among the population. In addition, corruption among the judiciary is rampant.

In some cases connections with organised crime have been established, although there

have been few convictions. Calls for a general purge have been ignored by authorities,

although the Constitutional Chamber has been more active in this respect.

However, positive developments can be noted during the period 2014-2015. Although

the death penalty in peace time was abolished by the 1983 constitution, the 2014

accession of El Salvador to the second optional protocol to the International Covenant on

Civil and Political Rights is a step forward. El Salvador made a reservation for crimes

committed in time of international war (e.g. treason, espionage, revolt and defection) for

which death penalty is foreseen in the Code of Military Justice. However, these

provisions only apply to active members of the armed forces.

Noteworthy is also the consensus-building approach adopted in the National Council for

Citizen Security and Coexistence (NCCSC). The NCCSC was created in 2014 and

involves a wide spectrum of actors, including governmental actors, civil society,

religious communities and the private sector. Pending financing, the implementation of

the strategy ‘El Salvador Seguro’ (A Safe El Salvador) proposed by the NCCSC may

lead towards improvements in terms of citizen security, particularly for young people

most affected by gang warfare. The NCCSC, which was endorsed by the president in

January 2015, proposes to implement 124 priority actions in the short term, in the 10

municipalities most affected by crime.

International Covenant on Economic, Social and Cultural Rights

(ICESCR)

El Salvador has undoubtedly made significant progress in the field of poverty reduction,

through increased investment in social programmes that seek to achieve universal access

to economic and social rights, notably in support of vulnerable groups (women, children

and youth). An important achievement is the adoption in April 2014 of the Law on Social

Protection and Development. This establishes the right of the whole population to receive

a minimum of social public services. This law aims at safeguarding the social

programmes put in place by the former FMLN government (2009-2014) to support the

most disadvantaged sectors of society (pensions, welfare and benefits). It is a clear

positive step towards the reduction of inequalities in a country where only a very small

percentage of the population benefits from the social security system.

Convention on the Elimination of All Forms of Discrimination Against

Women (CEDAW)

The situation of women is a matter of concern. This is due to the total prohibition of

abortion, the very high rate of femicides, and high levels of gender-based violence and

discrimination. One of the most worrying aspects is the total ban on abortion foreseen in

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the constitution and the criminal code, which is highly problematic for pregnant women

or young girls when life may be at risk, or in case of rape. There is also a relative scarcity

of sexual and reproductive health services, which impacts negatively on maternal

mortality and teenage pregnancy rates. Overall, this makes the situation incompatible

with other fundamental human rights such as rights to health and life, and respect for the

dignity of women.

In spite of efforts to prevent it, domestic violence against women also remains

worryingly high. The production and processing of reliable statistical information

remains a problem, particularly as a large proportion of gender abuses go unreported. El

Salvador remains one of the Latin American countries with the highest rate of femicides.

Finally, women remain highly discriminated against at work and are largely excluded

from political decision-making processes. The overall situation is even more acute in

rural areas and among disadvantaged women.

However, numerous legal initiatives and policy proposals have been launched in the past

years to address the alarming situation of Salvadorian women. A legal framework

composed of a Law for Equality, Fairness and the Elimination of Discrimination against

Women, and of a Special Comprehensive Law for a Violence-free Life for Women,

provides a legal ground for improvements towards women’s rights and the recognition of

the crime of ‘femicide’. This national regulation has been complemented by a national

policy for a life free of violence for women. A national system for substantive equality

has also been created to coordinate monitoring and implementation projects. This has

spurred an inter-institutional approach to tackling the issues. The budget for the

institution in charge of public policies on women’s rights, the Salvadoran Institute for

Women’s Development, has also increased.

The programme ‘Ciudad Mujer’ (Female City), created in 2011, has allowed the

provision of specialised services for the prevention of gender-based violence. It also

promotes women’s rights, including sexual and reproductive health, comprehensive

mother and childcare, as well as economic empowerment. It operates nationwide through

a network of six centres, which cluster a total of 14 state institutions encompassing

health, education, legal, and social insertion services. In 2014, the Ministry of Health

started providing training courses in some hospitals for the safe management of abortions

and in post-abortion assistance. The rate of maternal mortality has surpassed the target

set by the Millennium Development Goals.

Convention against Torture and other Cruel, Inhuman or Degrading

Treatment or Punishment

Threats and attacks against human rights defenders (HRDs) are not rampant. However,

cases have been reported concerning mining projects, the investigation of forced

disappearances and human rights violations during the civil war (1979-1992), and the

repeal of the 1993 Amnesty Law. Other cases concern members of minorities such as the

LGBTI community.

The assassination of LGTBI activist Francela Méndez in June 2015 highlighted the

prevalence of exclusion and hate feelings against this community in El Salvador. LGBTI

associations in El Salvador registered 13 murders of members of the LGBTI community

in 2015, and consider this figure to be underestimated, because only reported cases are

registered. Homosexuality is not criminalised but and discrimination and homophobia are

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quite common. Numerous acts of violence were registered after the gay pride event in

July 2015, including some from police forces. Investigations of HRDs attacks are

sluggish and minimal, and result in very few prosecutions.

The widespread criminality in El Salvador fuels prison overcrowding, which increased in

the period 2014-2015. This aggravated the already concerning detention conditions,

which do not meet international standards. Prison population largely exceeds existing

capacities. The population itself continues to grow quickly, with 2 000 additional inmates

in the first 8 months of 2015 alone. However, new facilities and infrastructure have

reduced occupancy rates to approximately 320 % instead of 331 % a year earlier,

although government claims to have achieved much better results. A more proactive

policy to construct detention facilities is needed.

Convention on the Rights of the Child

The situation of children is another shortcoming. In particular, the very high rate of child

malnutrition, and the persistence of child violence and child labour are concerning.

Child labour remains persistently high in spite of a specific national policy (2013-2023),

a roadmap, an inter-institutional work programme and diverse on-going projects to

address this issue. In 2014, along with Honduras and Guatemala, El Salvador was struck

by an unprecedented wave of emigration of unaccompanied children to the United States.

Youths attempting to escape violence and ill-treatment and reunite with their family

expose themselves to smugglers and child traffickers. Child malnutrition remains at a

serious level despite several programmes launched to improve nutrition.

Nevertheless, the adoption of the National Policy for the Comprehensive Protection of

Children and Adolescents for the period 2013-2023 bodes well for the improvement of

the situation of children. Likewise, the Comprehensive Law for the Protection of

Children and Adolescents has been approved. A national protection system reporting to

the National Council for Children and Adolescents has also been established, aiming to

address child and adolescent issues. Fifteen boards were created in 2014 and are in

charge of monitoring alleged threats against children and adolescents and violations of

their rights. To address the wave of children migration, a special law against human

trafficking was adopted in October 2014. Moreover, the government has put education at

the top of the reform agenda. The creation of a national council for education in 2015

represents an important step toward the elaboration of a comprehensive long-term

education policy.

Future actions and priorities

El Salvador adopted in January 2015 its Five-Year Plan (FYP) that outlines the main

priorities for governmental action for the period 2014-2019. It is structured around three

main national priorities, namely economic growth and employment, education and

citizen security that will contribute to address shortcomings in the implementation of UN

human rights conventions. The government expects to tackle its main challenges through

‘national agreements’ which include the involvement of a wide spectrum of actors (e.g.

civil society, international community).

In this context, three national councils have already been established: the National

Council on Citizen Security and Coexistence (NCCSC), the National Council for

Education (CONED) and the National Council for Environmental Sustainability

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(CONASAV). The FYP comprises 11 objectives on economic growth, strengthening of

government institutions and the justice system, education, fiscal policy, public security,

social welfare, social cohesion, culture and regional integration, among others.

The goals to reach for the next 5 years outlined in the FYP are to increase the social

security coverage by 5 %, a 0.39 Gini coefficient, to decrease the extreme poverty by 3 %

and to reduce the gender inequality index to 0.34. Within the FYP, one of the most

salient strategies is the plan ‘El Salvador Seguro’ (A Safe El Salvador), which is a

comprehensive and flexible plan that aims at addressing citizen security issues in the

country, including the fight against violence and criminality, the promotion of access to

justice and victims’ protection. Several draft public policies are also expected to be

presented in 2015 and may contribute positively to the improvement of the human rights

situation. This includes a draft public policy for indigenous people with a multi-ethnic

approach.

A commission at the Ministry of Foreign Affairs will provide recommendations on the

accession to ILO Convention No 169 on ‘Indigenous and Tribal Peoples’. Moreover, the

Legislative Assembly is in the process of considering ratification of the International

Convention for the Protection of All Persons from Enforced Disappearance (ICPPED),

the Convention relating to the Status of Stateless Persons.

In 2014, for the first time in its history, El Salvador was elected to the Human Rights

Council, for the period 2015-2017.

Conclusions

El Salvador has made progress in implementing the UN human rights conventions.

Achievements include the accession to the second optional protocol to the International

Covenant on Civil and Political Rights, the constitutional amendment recognising the

indigenous population, and sustained efforts to provide protection to vulnerable groups.

The National Assembly's approval in November 2015 to accede to the Rome Statute of

the International Criminal Court (ICC) is also a positive step.

In 2014 and 2015, the government of El Salvador has also strived to promote a more

inclusive approach to address the main issues of the country, as well as promoting

deeper strategic planning and coordination among state actors. However, while much

progress has been achieved in terms of processes, it remains a challenge to translate

these processes into concrete outcomes.

El Salvador’s second Universal Periodic Review (UPR) in October 2014 concluded with

broadly positive outcomes. Countries commended progressive measures through

legislation and policy, although they stressed that major challenges persist when it

comes to implementation on the ground. The main recommendations of the UPR were

that El Salvador should address high levels of violence against women and girls through

effectively implementing existing legislation, that El Salvador should decriminalise

abortion and ensure access to sexual and reproductive health services.

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7.2.2. ILO Labour Rights Conventions (conventions 8-15)

Status of ratification and reporting

El Salvador has ratified all eight ILO core labour standards without reservations, and

maintains ratification. El Salvador had problems to comply with all its reporting

obligations under the core labour conventions in the past, but since it was granted GSP+

status, it fulfilled all reporting requirements.

Status of implementation of the conventions

Freedom of association (Convention 87)

In its 2015 report, the Committee of Experts on the Application of Conventions and

Recommendations (CEACR, hereinafter referred to as Committee of Experts) deplored

again the murder of the Secretary-General of the Union of Municipal Workers and

Employees of the Municipality of Santa Ana in January 2010 and strongly urged the

government to take all the necessary measures without delay to identify and punish those

responsible. During the most recent discussion of El Salvador’s compliance with

Convention 87 by the committee on the Application of Standards (CAS, hereinafter

referred to as Conference Committee) at the International Labour Conference (ILC) in

June 2015, a government representative, while strongly condemning the incident and

emphasising that it had been an isolated incident, claimed that the high level of violence

in the country was keeping the public prosecutor extremely busy, delaying investigations

in the case mentioned above. The worker members, for their part, added that some 20

workers had been murdered in May 2015, which is the highest level of violence since the

end of the civil war in 1992 and expressed great concern especially as the violence was

directed against representatives of trade unions.

As regards acts of interference the Committee of Experts took note in its 2015 report of

observations of the National Business Association (ANEP) and the International

Organisation of Employers (IOE), according to which the Salvadorian president is legally

authorised to select members of employers on executive boards. By recalling the

importance of guaranteeing the autonomy of employers’ and workers’ organisations to

select their representatives, the Committee of Experts urged the government to give full

effect to this provision. At the International Labour Conference in June 2015 employer

members underlined again their position, indicating that this case was considered to be

very serious and claimed that, far from being resolved the situation had deteriorated.

Other comments made by the Committee of Experts and discussed at the International

Labour Conference referred to the need to amend provisions on the minimum

membership required to establish an organisation which should not constitute an obstacle

to the establishment of workers’ and employers’ organisations, legislative restrictions on

the right to establish trade union organisations for certain categories of public employees

and the requirement to be a national of El Salvador by birth in order to hold trade union

office.

In its conclusions adopted at the ILC, the Conference Committee recalled the emphasis

placed during the discussion on the fact that a climate of violence and insecurity was

extremely damaging to the exercise of trade union activities. Moreover it recalled that the

Freedom of Association Convention concerned the right of all workers and employers to

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establish and join the organisations of their own choosing and for their organisations to

carry out their activities without government interference. It therefore requested the

government to:

•

take all necessary measures without delay to identify those responsible for the murder

of Secretary-General of the Union of Municipal Workers and Employees in Santa

Ana;

•

ensure the full autonomy of employers’ and workers’ organisations in the joint and

tripartite bodies, which necessitated the convocation and immediate setting up of the

Higher Labour Council where the legal reforms necessary to guarantee this autonomy

should be consulted;

•

revise on a tripartite basis in the Higher Labour Council the provision which created

the Presidential Commission for Labour Affairs;

•

accept ILO technical assistance with a view to bringing its legislation and practice into

conformity with the provisions of the convention;

•

submit a report to the Committee of Experts on the progress made in achieving the full

application of C087 for consideration in November 2015.

Right to Organise and Collective Bargaining (Convention 98)

As to the right to collective bargaining enshrined in Convention 98, the government was

requested by the Committee of Experts in its 2015 report to take measures to complete

the existing provisions providing protection against acts of anti-union discrimination and

interference, together with penalties that constitute sufficiently dissuasive sanctions. The

government was further asked to amend the labour code to guarantee that the

renegotiation of collective agreements shall be possible. There has also been an urgent

need to amend certain sections of the labour code and the Civil Service Act, so as to

abolish the requirement for prior ministerial approval for collective agreements to take

effect.

Abolition of Forced or Compulsory Labour (Conventions 29 and 105)

Despite efforts taken by the government trafficking in persons still occurs in El Salvador

and prosecution and convictions are related only to a small number of cases. The

Committee of Experts requested the government to continue to take measures to combat

trafficking, in particular by strengthening its law enforcement mechanism. Furthermore it

took positively note of changes to the constitution which now recognises indigenous

peoples and establishes the obligation of the state to adopt specific policies to safeguard

their ethnic and cultural identities. In this context the Committee of Experts encouraged

the government to adopt targeted measures in order to strengthen the protection of

workers in rural and indigenous communities, including domestic workers, against the

occurrence of forced labour and trafficking.

The Committee of Experts also noted the need for a more comprehensive law on

trafficking in persons. In the meantime an anti-trafficking law was approved in October

2014, which criminalises certain acts which were not covered by the penal legislation so

far (sexual exploitation, sexual tourism, slavery, forced labour, forced pregnancy,

exploitation of mendacity) and provides for more severe sanctions with prison sentences

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ranging from 10 to 20 years. The law also creates mechanisms to strengthen inter-

institutional cooperation, especially with regard to victims’ access to justice and effective

remedies. A national policy to combat trafficking in persons was adopted in 2012 and

different measures have been taken in the areas of prevention, capacity building,

awareness raising, regional and inter-institutional cooperation and victim protection and

rehabilitation.

Minimum age for work (Convention 138) and worst forms of child

labour (Convention 182)

As had already been noted in previous comments, the 2015 Committee of Experts report

observed that the trafficking of persons for sexual exploitation is still a serious problem,

with child victims being brought from Guatemala, Mexico and other countries in the

region for prostitution. It also noted the concern expressed by the Committee on the

Rights of the Child with respect to the low level of prosecutions and convictions for

trafficking-related crimes vis-à-vis the reported cases.

As a consequence, the Salvadorian authorities were asked to ensure that thorough

investigations and robust prosecutions are carried out for cases of sale and trafficking of

children for sexual exploitation; to intensify efforts to protect children working in

domestic services; and to better inform on measures adopted and results achieved. The

government has also been requested to inform on measures adopted to implement a

dedicated roadmap in order to eliminate the worst forms of child labour; and on measures

adopted and results achieved under the Decent Work Country Programme and the

roadmap for eliminating child labour.

The Committee of Experts positively referred in its 2015 report to the establishment of a

national council against human trafficking, which has been mandated to coordinate

national policy and establish an action plan to implement the principles set out in this

policy. It further understood that the Committee on Family, Children, Adolescents,

Elderly Persons and Persons with Disabilities drafted a law which will impose higher

penalties for crimes committed against children. Besides, the Committee of Experts took

due note of the government’s programmatic measures to combat human trafficking.

However, it also indicated that while the national plan and the mandate of the National

Council generally target trafficking in persons, they do not contain specific provisions for

child victims under 18.

Equal remuneration and elimination of discrimination (Conventions

100 and 111)

Given the existing discriminatory practices against women, such as requirements to

provide pregnancy tests to apply for a post or to remain in employment, as well as related

dismissals of pregnant or disabled women in the maquilas (export processing zones) and

also in other industrial, trade and services sectors, the Committee of Experts requested in

2013 information on inspections carried out in enterprises, penalties imposed and related

judicial proceedings. Moreover, the government was asked to provide information on the

implementation of an act on equality, equity, and the elimination of discrimination

against women; the Special Comprehensive Act against violence to women; as well as on

legislation adopted to combat discrimination due to HIV infection. Furthermore,

information on concrete measures to improve rural women’s and indigenous peoples’

access to the labour market had been asked for.

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With regard to equal remuneration, the government has been requested in 2013 to amend

the legislation, given the too narrow definition for equal remuneration and to inform on

any concrete measures taken or envisaged to reduce the existing occupational

segregation. The Salvadorian authorities were further requested to include the equal

value of work concept into the Civil Service Act and provide information on the rules

governing public sector remuneration as well as training to labour inspectors in order to

raise their awareness hereof.

Future actions and priorities

In the immediate future, the government intends to push for the adoption of a civil

service act which would replace the current legislation that dates back to the 1960s. The

bill has already been drafted and duly reviewed by the ILO. It has been found to be

consistent with the rights of freedom of association and collective bargaining, as well as

equal remuneration and elimination of discrimination. The updated civil service act —

yet to be adopted by parliament — will increase transparency and further advance the

fight against corruption within the administration.

In addition, the Ministry of Labour will keep cooperating with the ILO in the

implementation of an EU-funded project aiming at the promotion and application of ILO

fundamental conventions and human rights by assisting the country in meeting its

reporting obligations and strengthening the institutional capacity of the country to

effectively enforce labour laws, guarantee fundamental rights and enhance social

dialogue.

Conclusions

El Salvador made progress with regard to implementation of the ILO core labour

standards, through measures such as the establishment of a national council against

human trafficking, the adoption of an anti-trafficking law and the adoption of a roadmap

aiming at eradicating child labour. Moreover, El Salvador implemented various

measures to improve the quality of and access to education and to increase school

attendance rates including by addressing children engaged in work. However, serious

problems in the practical implementation of the core labour standards remain, especially

as regards freedom of association and collective bargaining, areas which moreover

require legislative and practical alignment with the provisions of the core labour

conventions for both employers and workers.

7.2.3. UN Conventions on Environmental Protection and Climate

Change (conventions 16-23)

Status of ratification and reporting

El Salvador is party to all GSP+-relevant conventions on environmental protection and

climate change.

El Salvador complied with the reporting obligations under all relevant conventions, with

the exception of CITES (Annual Report for 2013 due, Biennial Report for 2005-2006,

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2007-2008, 2009-2010, 2011-2012 and 2013-2014 due), the Cartagena Protocol on

Biosafety (3rd National Report due on 1 November 2015) and the Basel Convention on

the Control of Trans-boundary Movements of Hazardous Wastes and Their Disposal

(Reports for 2007, 2008, 2009, 2010, 2011, 2012 and 2013 due).

Status of implementation of the conventions

Convention on International Trade in Endangered Species of Wild Flora

and Fauna (CITES)

El Salvador did not provide any information regarding the update on intention to submit

the missing annual and biennial reports, but it reaffirmed its commitment to fulfil the

reporting requirements. However, it reported on several other events connected to the

implementation, among them creation of a new internal committee of the ministry of

agriculture, considered as CITES’ administrative authority. Fulfilment of COP16

mandates concerning the requirement for CITES certificates in the International Trade of

Species included in CITES.

On limitations related to the CITES implementation El Salvador reported on the need to

strengthen the abilities of the technical and administrative personnel to handle data

management and the international network of trade in wild species, and the need for

support of the renewal of IT equipment at the office and provide basic field equipment,

including transportation equipment. Additionally, they noted that a constraint is that

CITES office does not have its own funding.

El Salvador also noted that there has been a greater dissemination of the CITES

convention’s objectives and purposes in the private and public sectors as well as an

improvement on the coordination between scientific and enforcement authorities for the

compliance of environmental laws related to the commercialisation of wild life. An

internal committee inside of the Ministry of Agriculture has been established and is

considered as CITES Administrative Authority.

It also observed that there is a greater control over exports, re-exports and imports of

Flora and Fauna species not listed in CITES and there is better compliance with the

payment of determined fees. Additionally, mandates of COP16 are being fulfilled

concerning the requirement for CITES certificates in the International Trade of Species

included in the Annex II and supervision over the export of specimen of hammerhead

shark,

Sphyrna lewini,

started to be implemented.

Measures and priorities planned for 2014 and 2015 are e-permit mechanisms, promotion

of the emission of the ban (VEDA) against exporting the Dalbergia species listed in

Annex II of the CITES, creation of a greenhouse regulation, coordination with the

scientific authorities regarding the creation of a preliminary list for Annex III to be

suggested in a future CITES convention, and creation of a list of scientists in

coordination with the country’s scientific authorities.

El Salvador indicated that there are several priorities for the mid- and long-term period,

namely:

•

establishment of a permanent coordination mechanism with both the scientific and

enforcement authorities;

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•

keeping an updated registry, tabulating all pertinent information to create the annual

and bi-annual reports;

•

strengthening the relationship amongst CITES regional offices, especially with

Honduras and Guatemala;

•

arranging to pay to outstanding account CITES EL SALVADOR membership

contributions;

•

updating charge rates for CITES certificate;

•

creating a list of pet shops in San Salvador;

•

conducting a CITES training programme with exporters and importers, starting with a

series of meetings with the Corporation of Salvadoran Exporters (COEXPORT).

Basel Convention

El Salvador reported on the lack of a system to keep an annual record of statistical data

concerning hazardous waste generation.

El Salvador informed about the establishment of a process for the issuance of

environmental permits and the control of trans-boundary movements of hazardous

wastes, process of implementation of the National Strategy for Environmental Sanitation,

trans-boundary movement of 69.2 tonnes of pesticide waste and soils contaminated by

pesticides, 23.9 tonnes of contaminated waste with pesticide residues was co-processed,

as the result of illicit waste traffic from Continental China, and the National Authority

and Point of Contact’s information was updated.

The First National Strategy for Environmental Sanitation considers reduction on the

generation of dangerous waste and the promotion of a rational environmental

management of hazardous waste, whenever its disposal takes place; the restriction of

trans-boundary movements of hazardous waste, except on those cases where it can be

done within the principles of rational environmental management; and a regulatory

system eligible for situation in which trans-boundary movements are allowed.

Among priorities for this period are promotion of comprehensive substance, residues and

hazardous waste management, and development of a control and monitoring system.

Additionally, work will be done regarding ideas for guidelines and directives to handle

waste management in port facilities, particularly ship-generated waste. El Salvador will

identify productive sectors which manage substances, residues and hazardous waste for

the purposes of establishing a mechanism to report waste generation as well as hazardous

waste, and create a data base of companies which count with environmental permits to

handle hazardous materials within the identified productive sectors. Currently, it is also

reviewing the profile for the ‘Strengthening of National Initiatives and Improvement of

the Regional Cooperation for the Rational Environmental Management of POPs in waste

from electric and electronic equipment (RAEE) in Latin American Countries’ project.

The Ministry of Foreign Affairs has been asked to conduct the necessary arrangements to

ratify the Basel Ban Amendment. El Salvador plans to implement a general waste law,

and to develop and share technical guidelines to manage hazardous waste.

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Convention on Biological Diversity

There were no salient shortcomings identified in El Salvador in 2014-2015 as regards the

implementation of the Convention on Biological Diversity, although biodiversity loss has

not been halted, and concrete measures to implement the convention should be

strengthened.

El Salvador reported that there is a low level of progress in the integration process of

biodiversity in the economy, and a low level of progress in the eradication and/or reform

of incentives and adverse subsidies, as well as in controlling aquatic ecosystems.

El Salvador observed that it has an appropriate national framework, with suitable

technical staff and institutions. In 2013, the national priorities were fully in line with the

CBD’s Strategic Plan. Three out of 10 reported Aichi goals were rated with ‘slow

progress’ and are considered as high priority within the new Plan for Biodiversity.

Priorities for the period are implementation of the National Program for the Restoration

of Ecosystems and Landscapes, as well as the National Program for the Improvement of

wetlands. Progress was observed within the biodiversity inventories and the

implementation of a clearing house mechanism (CHM).

Stockholm Convention on persistent Organic Pollutants

Regarding the implementation of the Stockholm Convention, El Salvador reported on

several activities, such as update of the National Authority and Point of Contact, update

of the pesticide waste inventory and identification of sites polluted by pesticides,

withdrawal for final disposal of 69.2 tonnes of pesticide waste and soil contaminated

with persistent organic pollutant pesticides, environmental sanitation of a former

pesticide formulating plant, disposal to date of 17 580 kg of transformer oil containing

polychlorinated biphenyls and some other activities.

El Salvador complied with submission of its 3rd National Report on 1 September 2014.

Among the constraints for the implementation of the Stockholm Convention is a lack of

laboratories to perform the analysis of persistent organic pollutants within the different

environmental and health matrices, as well as failure to allocate the adequate financial

resources to fulfil Stockholm Convention commitments.

Among priorities for the period are submission of annual reports to the secretariat,

promotion of the comprehensive management of substances, residues and hazardous

waste with emphasis on prevention and the remediation of sites contaminated by

persistent organic pollutants. El Salvador intends to update the list of institutions related

to hazardous materials management and be aware of their competences to establish inter-

institutional coordination mechanisms. It will prepare a diagnosis of specific sites which

may be potentially contaminated by POP pesticides in order to establish remediation and

hazardous waste management alternatives. El Salvador intends to review the current legal

framework on persistent organic pollutants to fulfil national commitments before the

Stockholm Convention and facilitate its implementation in the country, as well as keep

registry of polychlorinated byphenil and the equipment which contains it. Additionally, it

will prohibit pesticides identified as persistent organic pollutants.

According to the Environmental Sanitation Directorate-General (Ministry of

Environment), progress has been made towards the safe disposal of pesticide residues,

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identification of potentially contaminated sites, preparation of a plan for environmental

remediation of contaminated sites and a draft proposal for a total ban on highly

dangerous substances. Environmental authorities are also coordinating with the Ministry

of Health, the Ministry of Agriculture and other governmental institutions (Fire

Department, Civil Protection, etc.) for the elaboration of hazardous substances and

contaminated waste sites risk maps. The implementation of the National Environmental

Sanitation Strategy is also currently underway.

Cartagena Protocol on Biosafety

El Salvador ratified the Cartagena Protocol on Biosafety on 26 September 2003, and

maintains ratification.

El Salvador has no salient shortcomings regarding its reporting obligations under

Cartagena Protocol on Biosafety, according to the report of the Compliance Committee

of 28-30 May 2014.

El Salvador submitted its 2nd National Report due in 2011. The 3rd National Report was

due on 1 November 2015.

Concerning implementation of the Protocol El Salvador informed in its 2nd National

Report that domestic regulatory framework is partially in place. However less than five

permanent staff members are in place whose functions are directly related to the national

biosafety framework. The transit and contained use of Living Modified Organisms

(LMOs) are not regulated. El Salvador has not established a strategy or put in place

legislation for promoting and facilitating public awareness, education and participation

concerning the safe transfer, handling and use of LMOs.

Conventions on Climate Change

Regarding the Montreal Protocol on Substances that Deplete the Ozone Layer, the 2014

report on importing and consumption of ODS is currently being drafted. El Salvador

reported on lack of national resources for trainings and institutional strengthening meant

for the fulfilment and follow-up of the Montreal Protocol commitments. The country’s

priorities, for the mid and long term, are the control over HCFC imports to comply with

the 35 % agreed upon reduction by 2020; 67.5 % by 2025; and 100 % by 2030. El

Salvador measures and priorities for the 2014-2015 period were to follow-up on the

definition of import quotas to import substances and the verification of imports; and

strengthening of institutional capacities of the border personnel and other institutions to

prevent and control the illicit traffic of substances that deplete the ozone layer.

El Salvador submitted to the UNFCCC Secretariat its Second National Communication

in 2013 and a Third Communication is currently under preparation. It has yet to finalise

and submit its First Biannual Update Report, due by the end of 2014. On 17 November

2015 El Salvador submitted its Intended Nationally Determined Contribution (INDC) to

the 2015 Climate Agreement.

At the national level, climate change was addressed by the first ever National Plan on

Climate Change of 5 June 2015. In addition, a strategy to reduce emissions due to

deforestation and forest degradation (REDD+) is currently being prepared and national

forest inventory is being developed.

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Conclusions

While El Salvador is generally in compliance with its reporting obligations under the

conventions on environmental protection, it should focus on submitting the outstanding

reports on CITES, the Cartagena Protocol, and the Basel Convention.

Despite resource constraints, El Salvador has generally developed national frameworks

and has outlined plans to implement the conventions on environmental protection. A

number of initiatives are announced by El Salvador to improve the implementation of the

conventions on the protection of the environment, although the timeline for their

adoption and implementation remains unclear. The EU encourages El Salvador to

accelerate the implementation of these initiatives, particularly on CITES.

El Salvador complies with the UN conventions on climate change, and has developed a

National Plan on Climate Change. The EU would welcome further details on El

Salvador's intended steps to ensure the implementation of the national plan.

7.2.4. UN Conventions on Good Governance (conventions 24-

27)

Status of ratification and reporting

El Salvador has ratified the three UN conventions against illegal drugs, and maintains

ratification.

It ratified the UN Single Convention on Narcotic Drugs on 26 February 1998, the UN

Conventions on Psychotropic Substances and against Illicit Traffic in Narcotic Drugs and

Psychotropic Substances respectively on 11 June 1998 and 21 May 1993.

El Salvador ratified the UN Convention against Corruption (UNCAC) on 1 July 2004,

and maintains ratification. Reviewing is carried out by the UNCAC Implementation

Review Group, the convention's monitoring body. The executive summary of the most

recent review on El Salvador has been available to the public since November 2013.

Status of implementation of the conventions

UN conventions fighting illegal drugs

The United Nations monitoring body (INCB) has appraised the situation in El Salvador

in 2011 with the objective of reviewing compliance with the three international drug

control conventions to which El Salvador is a party.

The following shortcomings were identified: (i) the need to monitor trafficking in

pharmaceutical preparation, especially methodone and hydrocodone, and to exercise

effective control over the distribution mechanism; (ii) the increasing influence of

powerful drugs cartels on the ‘maras’ (local gangs); and (iii) the need to address the illicit

cultivation of opium poppy.

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Narcotics trafficking is a significant threat to citizen security in El Salvador. Organised

criminal groups facilitate smuggling of drugs and weapons, as well as human trafficking.

Through October 2013, the government of El Salvador seized 664 kg of cocaine

(approximately double the amount as compared to 2012), 2 kg of heroin and 908.4 kg of

marijuana. There were 460 kg of cocaine seized in one operation in July 2013 that

involved a tractor-trailer transporting cocaine from Costa Rica. El Salvador reported

cases involving criminal organisations trafficking in pharmaceutical preparations, in

particular oxycodone, methadone and hydrocodone — medications that are used illicitly

for pain relief and for the treatment of heroin addicts. At present, there is no remote

sensing or ground reviews of opium poppy cultivation and eradication activities are being

carried out in El Salvador (c.f. rapport 2012).

Following the United Nations monitoring body (INCB)’s mission to El Salvador in 2011,

the government has taken steps to increase its efforts to comply with the three

conventions. The government has adopted legislation in the framework of the

implementation of its national anti-drug strategy for the period 2011-2015. The principal

aim of the strategy is to reduce abuse of drugs and to combat illicit drug trafficking and

drug-related crime.

Progress has also been made in the rational use of narcotic drugs and psychotropic

substances for medical purposes. Legislative amendments adopted in February 2011

established the National Directorate for Medicines, which is responsible for streamlining

controls on medicinal products containing narcotic drugs and psychotropic substances.

Regulations concerning the control of retail pharmacies and storage of controlled

substances by healthcare providers have also been strengthened and new regulations in

respect of the prescription of narcotic drugs and psychotropic substances for medical

purposes have entered into force. A special law is also currently being drafted concerning

chemical precursors. A regulation on psychotropic narcotics, precursors, chemicals and

chemical products and aggregates was adopted on 5 February 2013.

All the specific events conducted for prevention purposes have allowed a decrease in the

illicit trafficking and diversion of chemical precursors in the country. An agreement has

been issued to increase control over chemical precursors included in the list of controlled

substances under the responsibility of the National Pharmaceutics Directorate (DNM).

Likewise, the DNM implemented a digital system to keep tabs on real-time medicine

dispensing in private sector pharmacies. During 2014, the DNM’s Investigation and

Auditing Unit created a sub-section of fraudulent affairs, that among other

responsibilities has been placed in charge of keeping specific control over product

fraudulently manufactured and sold. This includes internet sales also regulated by the

Pharmaceutics Law.

The Anti-Narcotics Division has established to date 22 anti-narcotics sections in each of

the country’s police stations.

On the other hand, El Salvador’s participation since 2012 in the ‘Preventing the

Diversion of Drug Precursor Chemicals for Latin America and the Caribbean’ project

(PRELAC in Spanish), financed by the European Union and implemented by the United

Nations Office on Drugs and Crime, UNODC, has allowed a strengthening of the skills

of the staff from agencies in charge of controlling and auditing chemical precursors.

Furthermore, it has allowed for a reengineering process over existing administrative

controls.

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During the last semester of 2014 a first approach was held with the Assistance Program

for Weapon Control and Ammunition Destruction in Central America, from the

Organization of American States (PACAM/OEA in Spanish). This programme is

currently providing support to various countries in the region on the issue of chemical

precursors; hence, a process was started to be able to become a beneficiary of this

project.

Amongst the priorities and measures to be taken in 2015 by the Anti-Narcotics Division

is the implementation of stricter control along the different borders, as well as a

strengthening of the personnel of the unit in charge of assisting the National

Pharmaceutics Directorate (DNM in Spanish), fighting against the diversion of chemicals

to manufacture illicit drugs; this would mean implementing a control and audit plan that

will also include other units of the National Civil Police.

The annual report of the International Narcotics Control Board (INCB) in 2014

recommended that El Salvador make continued efforts on drug abuse prevention and

treatment, particularly to ensure the availability of facilities for the treatment of drug

abuse and to establish reliable data on the drug abuse situation in the country.

El Salvador’s priorities for the mid and long term also include the implementation of a

national-level plan which may include other police units, as well as the National

Pharmaceutics Directorate, the General Directorate of Borders and the Supervisory

Council of the Chemical Pharmaceutical Profession of the Public Health Superior

Council.

However, El Salvador still faces many challenges. It still lacks law enforcement

personnel and the resources to appropriately train existing personnel. Law enforcement

agencies also lack the necessary expertise and equipment to effectively control the

country’s borders and conduct complex investigations and prosecutions. These efforts are

also hampered by a lack of data on the magnitude of the threat — both with respect to

drug trafficking and domestic consumption.

UN Convention against Corruption

El Salvador ratified the UN Convention against Corruption (UNCAC) on 1 July 2004. El

Salvador presented good practices on follow-up to recommendations at the 5th Session of

the UNCAC Implementation Review Group in 2014, which followed the Implementation

Review Group's 2013 review of El Salvador's compliance with the convention. There,

recommendations included legislation to criminalise offences relating to Articles 15, 16,

18, 21, 22 of UNCAC, on money laundering, freezing/confiscation of assets, and

jurisdiction.

The government’s 5-year plan (2014-2019) includes commitments to step up the fight

against corruption in public administration and to improve transparency, accountability

and access to public information. The document stresses the need to move away from

past corrupt practices, mainly imputed to right-wing governments. As a matter of fact,

authorities have put considerable efforts into investigating emblematic cases of

corruption targeting previous governments (one involving former President Francisco

Flores, another targeting a public-private investment partnership in the field of

geothermal energies). This crackdown on former government officials was largely driven

by political interests in the framework of the 2014 presidential campaign (as part of a

strategy to discredit the opposition party ARENA). But routine corruption in public

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administrations, the justice system and the private sector has not received similar

attention and has been given very little coverage in the media (except perhaps for the

online newspaper

El Faro).

Scrutiny has hardly shifted to FMLN officials, despite

serious suspicions of embezzlement and illicit enrichment against high profile authorities

such as Sigfrido Reyes (former speaker of parliament) and persisting doubts over on-

going public procurement processes (hydroelectric plant, road infrastructure). The Law

on Public Probity is outdated (1959) and, despite several initiatives by different sectors to

request updated legislation, the issue has not been enthusiastically welcomed within the

National Assembly.

Significant progress was achieved between 2009 and 2014 with the creation of the under-

secretariat for transparency and prevention of corruption (attached to the Presidency of

the Republic), the adoption of the Law on Access to Public Information and the creation

of the Institute for Access to Public Information, as well as the streamlining of

institutional processes for public accountability of all state institutions. Initiatives to

enhance fiscal transparency of the state have been launched both by the government and

civil society, in an attempt to subject the country’s budget to more citizen and legislative

scrutiny.

In addition, the Supreme Court of Justice’s decision to restore powers to its probity

section has enabled public access to the financial information of former governmental

officials (including data requests for financial institutions, which hitherto had been one of

the biggest obstacles to initiating investigations on alleged corruption against any public

official), as well as to ensure transparency in the management of state funds. The

disclosure of the declarations of assets of three former presidents (Francisco Flores,

Antonio Saca and Mauricio Funes) has been hailed as a step forward in public

accountability.

Major loopholes and shortcomings remain to be solved in terms of internal controls,

human resources management, prevention mechanisms and effective processing of

corruption allegations. Of the 150 cases involving public officials presented by the

Presidency to the Office of the Attorney General between 2009 and 2014, very few have

actually led to judicial proceedings. Authorities have also gone forward with efforts to

purge the Ministry of Public Works from illicit practices, with some success so far. This

administration, often criticised for its lack of transparency, has managed to recover some

credit from the population and the private sector alike, in part thanks to the appointment

of a minister known for his longstanding fight against corruption. In partnership with

FUNDE (Transparency International’s national chapter), the Ministry of Public Works

created a citizens’ observation platform for the independent monitoring of public works

involving private companies, the government and other civil society actors.

Party financing lacks transparency and political parties remain very vulnerable to

corruption. Regulation is insufficient as parties are not required to disclose the source of

their private donations (donors can choose to remain anonymous) and provide details of

their campaign expenditures. The Law on Political Parties, in force since 2014,

establishes a donation ceiling per donor of 3.5 % of the global election budget adopted by

the state, but the Supreme Electoral Court cannot audit parties’ finances further. In

addition, sanctions cannot target individuals but only parties as a whole which limits the

impact of the Law.

Despite recent developments in neighbouring Guatemala and Honduras, Salvadorian

authorities have not announced any significant measures to increase their efforts against

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corruption. In July 2015, US authorities invited El Salvador to propose appropriate

mechanisms to fight impunity (including structural corruption), and to take inspiration

from the positive experience of CICIG (Guatemala), but the government has not yet

proposed any concrete measure.

Reforms to the Law against Money Laundering and Assets were introduced in 2014 in

order to include government officials and former politicians, as well as their families, as

subject to the law and, thus, requiring them to provide asset and money transaction

declarations to the attorney general’s Financial Intelligence Unit.

A law on forfeiture and administration of illicit goods entered into force in 2014. A

specialised court has also been created. Thus far, over ten cases of asset forfeiture are

being processed by the court.

Conclusions

The government of El Salvador has made significant progress in order to meet the

requirements set in the three UN conventions, strengthening its capacity to combat

illegal drug trafficking in 2014. El Salvador has made encouraging advances in

community policing reform and gang prevention in targeted municipalities with the

assistance of international donors — these best practices should be mainstreamed within

national police and justice sector institutions. However, the successes of 2014 can only

be sustained if more resources are devoted to the national police and law enforcement

agencies.

On the UNCAC, the El Salvadoran Government has presented a 2014-2016 action plan

entitled ‘Alliance for an Open Government’, which contains 20 commitments related,

among others, to the administration of public funds, access to public information and the

fight against corruption. However, El Salvador should take further concrete steps to

ensure that this action plan is robustly implemented. Greater attention should be placed

on tackling routine corruption in public administrations, the justice system and the

private sector.

7.3.

Trade and Economy

7.3.1. Trade Picture

El Salvador’s main exports are in the textile and agricultural industries, as well as leather,

tuna and food preparations. According to The World Bank, the country has a GDP of

USD 25.220 million, with an annual growth rate of 2.0 % for 2014; this situation creates

a GNI per capita based on PPP of USD 8 070. El Salvador’s major business partners are

the United States, Honduras and Guatemala.

In 2014, El Salvador exported to the EU tuna, coffee, honey and sugar cane, and total

exports accounted USD 222 million. El Salvador has eight free trade agreements with

major partners, among them the Association Agreement between European Union and

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Central America, USA-Dominican Republic-Central America FTA (CAFTA-DR),

Central America-Chile FTA and Taiwan-El Salvador FTA.

As a result of the EU-Central America Association Agreement, provisionally applied

since August 2013, El Salvador will be removed from Annex II of the GSP Regulation

from January 2016. As a consequence of this, El Salvador will also cease to be a GSP+

beneficiary.

7.3.2. GSP+ Statistics

Figures 7.1-7.3 below describe El Salvador’s utilisation of the GSP+, in the context of its

overall imports to the EU. The reduction in imports benefiting from GSP+ preferences in

2014 is a result of the alternative preferences available under the EU-Central America

Association Agreement.

Source for all statistics: Eurostat data, as of September 2015.

Figure 7.1

El Salvador - Imports to the EU, 2012-2015

Figures in thousand EUR

Total imports to EU

GSP+ eligible imports

GSP+ preferential imports

GSP+ utilisation rate

Figure 7.2

2012

216,778

84,479

67,483

79.88%

2013

211,561

94,968

67,462

71.04%

2014

169,599

77,027

339

0.44%

2015 (Q1-2)

83,136

26,520

380

1.43%

Trend 2012-

2014

-21.76%

-8.82%

-99.50%

-99.45%

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Figure 7.3

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Georgia– GSP+ Assessment

8.1.Country Overview

Since its independence from the former Soviet Union in 1991, Georgia has undergone a

profound political and economic transformation. In particular, following the 2003 Rose

Revolution, the Georgian government quickly implemented an ambitious reform

programme that combined strong law enforcement, market liberalisation and institution-

building along Western lines. This resulted in dramatically reduced petty corruption and

increased investments. However, reforms were implemented quickly and often lacked

sufficient internal consultation. Georgian politics remained very turbulent, polarised and

personality-based for several years, and in November 2007, large anti-government street

protests ended with violent dispersal of opposition supporters and further aggravated

tensions. Moreover, the Georgian government as well as the opposition failed to

sufficiently focus on social and economic issues, such as poverty alleviation.

The 2012 parliamentary and 2013 presidential elections were key for the country’s

gradual political stabilisation and the start of a positive trend of solid and continued

progress on political and justice reforms as well as human rights protection.

Georgia is situated in a difficult and potentially unstable geopolitical environment,

influenced by the protracted crisis in Ukraine and the continuing conflict over its

breakaway regions of Abkhazia and South Ossetia. The EU supports the territorial

integrity and sovereignty of Georgia, as recognised by international law.

Since the Rose Revolution, Georgia has repeatedly expressed strong aspirations to

integrate into Western structures, notably NATO and the EU. In 2004, Georgia was

included in the EU’s European Neighbourhood Policy (ENP) and in 2009 also in its

enhanced eastern dimension, the Eastern Partnership (EaP). Georgia and the EU signed

an Association Agreement including a Deep and Comprehensive Free Trade Area

(AA/DCFTA) in June 2014. The agreement is provisionally applied by both sides since

September 2014. The DCFTA component includes a chapter on trade and sustainable

development (TSD) where the parties made commitments on labour rights and

environmental protection issues, many of which are covered also by the EU GSP+.

Due to enjoying the benefits of the bilateral DCFTA, Georgia will exit the EU

GSP/GSP+ programme after the expiry of the standard transition period at the end of

2016. Most of the issues raised in the GSP+ dialogue will nevertheless continue to be

discussed in the framework of the implementation of the DCFTA’s TSD chapter.

8.2.Compliance with GSP+ Obligations

8.2.1. UN Human Rights Conventions (conventions 1-7)

Status of ratification and reporting

Georgia ratified all the GSP+-relevant UN human rights conventions, without

reservations, and maintains their ratification. For further details please see the annex.

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In 2014-2015, Georgia made an effort to catch up with its reporting obligations to the

monitoring bodies of these conventions. However, two reports remained overdue: a

report under the International Covenant on Economic, Social and Cultural Rights due in

2007 and a report under the Convention against Torture and other Cruel, Inhuman or

Degrading Treatment or Punishment due in 2011. According to the Georgian government

these reports were to be submitted before the end of 2015. For further details please see

the annex.

Status of implementation of the conventions

In 2014-2015, Georgia made overall substantial progress regarding the effective

implementation of these seven conventions.

The adoption and start of implementation of the National Human Rights Strategy and

Action Plan as well as of the Gender Equality Strategy and Action Plan in 2014 were

particularly important and represented significant improvements in Georgia’s policy in

these areas. Moreover, Georgia fulfilled all the objectives set out under the 2014-2015

Human Rights Action Plan for 2014 and was progressing well also on the

implementation of the goals planned for 2015, notably on the integration of minorities.

In particular, there were important achievements in terms of the proper conduct of the

2014 municipal elections, increased judicial independence (including the election of a

new and first female chief judge), humanisation of criminal policies (reflected notably by

proportionate sentences, a reduction of pre-trial detentions, a fairer plea bargaining

system and the recognition of victims’ rights), progress on juvenile justice through

adoption of a juvenile justice code, prison mortality reduced to a low level and an

improved treatment of prisoners. Furthermore, the role of the parliament was

strengthened. Also, in line with the 2014 anti-discrimination law, a new anti-

discrimination mechanism became operational in October 2014, embedded in the public

defender’s office. Institutional reforms of the prosecutor’s office were launched in

December 2014. Limited electoral reforms to prepare for the 2016 parliamentary

elections were initiated.

Moreover, the Georgian authorities started to prepare the next human rights action plan

(for 2016-2017), which would cover new areas such as election rights or rights to quality

education and healthcare. The first draft is being consulted with civil society at the time

of writing this report.

Nevertheless, despite all this progress, salient shortcomings remained in several areas

covered by these conventions and further work to tackle them would be necessary also in

the future. Particular attention should also be paid to media freedom and pluralism.

International Convention on the Elimination of All Forms of Racial

Discrimination (ICERD)

Integration of minorities, including ethnic minorities, was given a prominent position in

the 2014-2015 National Human Rights Action Plan. Moreover, the authorities were

working on various specific strategic documents aimed at integrating minorities, most

importantly the National Concept for Tolerance and the Civic Integration Strategy for

2015-2020 and related action plan. The strategy and action plan were based on a

substantial review and assessment of the previous strategy and action plan in this area

and were adopted in the second half of 2015. Also, the law on elimination of all forms of

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discrimination was adopted in May 2014 and some substantial efforts were conducted by

the Georgian authorities (mostly the public defender’s office) to raise awareness about it

amongst Georgian citizens (in particular, frequently asked questions were published on

the website, promotional video was put online and broadcasted on TV channels, trainings

for the police officers and prosecutors as well as for journalists and school students took

place). Though integration of ethnic minorities could still be improved, a lot has been

done to facilitate their full-fledged participation in all spheres of public life.

International Covenant on Civil and Political Rights (ICCPR)

Concerning the implementation of the ICCPR, since the early years of its independence

in 1991 Georgia had been faced with a problem of a large number of internally displaced

persons (IDPs) following several armed conflicts on its territory, the latest one with

Russia in 2008. In 2014-2015, despite the authorities’ efforts to address this long-

standing difficult issue, many challenges remained, such as providing the IDPs with

adequate housing or facilitate their social and economic integration (for these issues,

please see also the next part regarding Georgia’s implementation of the International

Covenant on Economic, Social and Cultural Rights). Also, the legislation would still

need to be improved to ensure the inclusion of other groups of IDPs, such as eco-

migrants.

Moreover, the 2014 and 2015 GSP+ scorecards pointed out the persisting problem of

poverty and inadequacy of measures undertaken to combat it so far. Also, overall

unsatisfactory situation of persons with mental illnesses continued to be reported in this

period. Furthermore, the Georgian authorities were asked to step up their efforts to

effectively address discrimination against women and the high prevalence of domestic

violence (for these matters please see also further in the text concerning Georgia’s

compliance with the requirements of the Convention on the Elimination of All Forms of

Discrimination Against Women). Discrimination and social stigma, hate speech and

violence against lesbian, gay, bisexual, transgender and intersexual (LGBT) persons and

violation of their rights to freedom of expression and assembly also continued to be

regularly reported.

There also remained concerns about cases of religious intolerance, including harassment

and verbal and physical assault against persons belonging to religious minorities, in

particular Muslims, members of non-traditional religious minorities and Jehovah’s

Witnesses. The new State Agency on Religious Affairs would still have to define its

priorities to play a positive role in combatting discrimination on the religious grounds.

Also, only little progress was made with regard to the return of Muslim Meskhetians

deported by the Soviet regime to Central Asia in 1944.

Improvements achieved in the above areas represent in particular inclusion of many of

them in the 2014-2015 National Human Rights Action Plan and establishment of a

secretariat in charge of the implementation of this action plan under the prime minister’s

office, as well as the introduction of a data protection officer. In addition to the adoption

of the Law on the Elimination of all Forms of Discrimination mentioned above, several

amendments to existing legislation were also adopted, aiming to ensure that persons with

psychological disabilities have legal capacity in accordance with the International

Convention on Persons with Disabilities. Further positive developments include the

reduction of a maximum sentence for administrative detention from 90 to 15 days, the

increased role of the judge in the plea bargaining agreements and the decision that the

National Preventive Mechanism would have a mandate to photograph possible evidence

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of torture as of September 2016. A reform of the prosecutor’s office began in December

2014 with draft legislation proposed by the government and discussed in the Venice

Commission in June 2015. Also, for the first time, the Georgian state provided funding to

religious communities other that the Georgian Orthodox Church.

International Covenant on Economic, Social and Cultural Rights

(ICESCR)

Regarding Georgia’s compliance with the requirements of the ICESCR, increased efforts

would be needed to ensure provision of adequate social protection and healthcare.

Deficiencies remained concerning the right to adequate housing and registration of

individuals without shelter continued to lack a consistent methodology. Establishment of

a proper labour inspection mechanism with a full mandate to check working and

employment conditions in all relevant areas was initiated with the Labour Inspectorate

Department being created within the Ministry of Health, Labour and Social Affairs.

However significant work in this field remains. Georgia ratified the UN Convention on

the Rights of Persons with Disabilities in 2014 and an action plan on equal opportunities

of persons with disabilities for 2014-2015 was prepared. Awareness among the

population of the rights of disabled people increased and the national Council on

Disabilities became more active. Overall, however, more will have to be done to ensure

proper integration of persons with disabilities into the society.

Convention on the Elimination of All Forms of Discrimination Against

Women (CEDAW)

Poverty, violence and prevailing stereotypical attitudes regarding the roles and

responsibilities of women and men in the society remained the main challenges to the

effective implementation of the CEDAW in 2014-2015. In particular, the growing

number of murders of women by their husbands and partners and other forms of

domestic violence constituted a worrying trend. Moreover, there were other important

concerns such as the low rate of reporting of cases of domestic or sexual violence and the

high prevalence of early and forced marriages. More efforts would also be necessary in

the future to effectively protect lesbian, bisexual and transsexual women against violence

and harassment, as well as to ensure equal pay for work of equal value and facilitate

access to family planning services and affordable contraceptive methods.

The implementation of legislation on the elimination of all forms of discrimination

against women continued to be improved, but it would need to become further more

effective. A comprehensive national mechanism to coordinate, implement and monitor

gender equality policies was not yet put in place within the executive branch, while it

should be noted that the Human Rights Council under the prime minister was getting

increasingly active on advancement of women’s rights.

Overall, the government as well as the civil society demonstrated a strong commitment to

tackle the persisting problems in the implementation of the convention. Violence against

women was the top priority and awareness among government officials as well as the

public at large regarding domestic violence and trafficking of human beings increased

significantly in the reporting period, thanks to combined actions of the authorities and

NGOs. Several legislative amendments related to domestic violence were also adopted.

Moreover, the women’s participation in the political life was raising on the agenda in the

context of the upcoming campaign for 2016 general elections. Furthermore, the first ever

female chair of the Supreme Court and the first female minister of defence were

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appointed in Georgia in 2015. Also, 2015 was declared the Year of Women in Georgia.

In November 2015, Georgia hosted a high-level conference on challenges and

opportunities to achieve gender equality in the European Neighbourhood region.

Moreover, Georgia signed the Council of Europe’s Convention on preventing and

combating violence against women and domestic violence, the so called Istanbul

Convention, in June 2014 and intended to ratify it by the end of 2015. Georgia also

submitted its National Review of the Implementation of the Beijing Declaration and

Platform for Action for the 59th Session of the Commission of the Status of Women and

UN General Assembly meeting in 2015.

Convention against Torture and other Cruel, Inhuman or Degrading

Treatment or Punishment (CAT)

In 2014-2015, Georgia deployed tangible efforts to comply with its commitments under

the CAT. Nevertheless significant further progress in this area would be necessary also in

the coming period. In particular, a fully independent mechanism for investigating

allegations of torture should be created. A unit with this mission was set up within the

prosecutor’s office, but it is generally considered unable to perform fully the roles which

such a mechanism should have. The National Preventive Mechanism under the office of

the public defender became operational, but it would have a mandate to photograph

possible evidence of torture only as of September 2016. Also, the use of the Istanbul

Protocol on the effective investigation and documentation of torture and other cruel,

inhuman or degrading treatment needs to be more widely applied and better understood.

It is welcomed that the maximum sentence for administrative detention was reduced from

90 to 15 days and the role of a judge in finalising plea bargaining agreements was

strengthened. Also, there was a clear policy shift from punishment to rehabilitation of

offenders, especially in prisons, and corporal punishment was practically eliminated.

There was also a significant decrease in the use of pre-trial detention. A new action plan

was adopted to ensure full implementation of the CAT, in close cooperation with experts

from the Council of Europe. Other positive developments were the adoption of a juvenile

justice code and the adoption of a new drug policy reducing the relatively harsh penalties

for drug use.

Convention on the Rights of the Child (CRC)

Despite some remarkable efforts to strengthen children’s rights, Georgia continued to

face substantial challenges in the implementation of the CRC in 2014-2015. Georgia

reached its Millennium Development Goal set for under-5 child mortality, introduced

basic medical services for every citizen, including children, and public funds were

increasingly allocated to the health sector. Also, services for street children started to be

provided. However, infant and maternal mortality rates overall remained high and the

quality of education low. Also, the level of child poverty remained very high.

Several legislative amendments were adopted, addressing in particular early

identification and response to domestic violence, including violence against children. A

juvenile justice code covering all children in the criminal justice and administrative

violations systems was adopted in June 2015. The overall legal framework for children’s

rights would, however, require further refinement. Efforts should also be undertaken to

ratify the third optional protocol to the Convention on the Rights of the Child on

communication procedures, which would enable children and their representatives to

apply to the committee on the Rights of the Child with individual complaints.

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Future actions and priorities

Georgia’s future priorities and objectives regarding human rights protection relate to a

number of policy areas. In particular, the creation of an independent mechanism to

investigate allegations of torture and ill-treatment by law enforcement bodies will remain

high on the government’s agenda. The authorities will also continue their efforts to fight

the prevailing high level of violence against women, notably through improving the

implementation of the legislation on domestic violence, ratifying the Istanbul Convention

on preventing and combating violence against women and domestic violence,

establishing police units on gender based violence and ensuring their adequate capacity

building, as well as through adopting legislation on protection and assistance to victims

of sexual violence, both during conflict and peace. In the area of labour rights, Georgia

plans to improve further the labour code’s provisions relating to non-discrimination, in

particular equal pay and sexual harassment. Addressing the situation of children and

notably child poverty remains a priority. Accordingly, a proactive social protection

system is planned, including child-sensitive legislation, policies, monetary benefits and

social services that will promote social inclusion of most vulnerable groups. Efforts will

also continue to reduce infant and maternal mortality, notably by improving the quality

of health services during pregnancy, delivery and post-delivery, focusing on the most

vulnerable. To improve the efficiency and equality of education from early years,

Georgia intends to increase public expenditure in the education sector and invest in

quality early childhood education services, including increased access of marginalised

groups. Georgia will also seek to develop and implement specialised legal provisions and

procedures for children in order to ensure their access to a coherent, child-friendly justice

system in line with international standards. The issue of early marriages should also be

addressed as a matter of priority.

Conclusions

In 2014-2015, Georgia continued to make steady progress on democracy, human rights

and fundamental freedoms. At the same time, considerable challenges remained in

several areas and would have to be tackled also in the next period. In particular, the lack

of accountability for abuses, including use of torture and ill treatment, by law

enforcement authorities remained a significant problem. Major public administration

reforms were initiated, but they would have to advance tangibly before it would be

possible to assess their full impact and effectiveness.

Respect for rights of persons belonging to various minorities and their integration in the

society would still require attention in the future. Discrimination and violence against

women, notably domestic violence continued to be of a particular concern. The

government declared the fight against violence against women its top priority and thanks

to combining efforts and actions with the civil society managed to significantly increase

awareness of this phenomenon among officials as well as the public at large. The

authorities also continued their efforts to improve protection of children’s rights, notably

reduce persisting high level of poverty among children as well as of infant mortality and

low level of education. Focus on this area, notably improving of social protection and

healthcare for children as well as of the education system will continue also in the

coming period.

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The signature and start of implementation of the EU-Georgia Association Agreement

significantly deepened the bilateral relations, while it also put Georgia under increased

scrutiny, particularly regarding strengthening of capacities, independence and

effectiveness of institutions guaranteeing democracy, rule of law and respect for human

rights. So far, the implementation of the Association Agreement in these areas has been

smooth. Also, good progress was achieved in the visa liberalisation dialogue and

implementation of the bilateral Visa Facilitation and Readmission Agreement.

8.2.2. ILO Labour Rights Conventions (conventions 8-15)

Status of ratification and reporting

Georgia ratified all eight ILO fundamental labour conventions relevant for the GSP+,

without reservations, and maintains their ratification. For details please the see annex.

In 2014-2015, Georgia complied with all its reporting obligations to the monitoring

bodies of these conventions. For details please the see annex.

Status of implementation of the conventions

Regarding the effective implementation of these eight conventions in 2014-2015,

Georgia continued to make an overall progress following up on the adoption of the

substantially revised labour code in 2013, which had brought the country back in line

with the ILO core standards, a long due request from the ILO and the EU. At the same

time, significant work in several areas remains ahead. To support Georgia’s efforts in this

regard, international assistance would remain at the authorities’ disposal, notably the ILO

would continue to implement its 2014-2017 project on improving Georgia’s compliance

with international labour standards.

Freedom of association and collective bargaining (Conventions 87 and

98)

Regarding the implementation of these two conventions, in its 2015 report, the ILO

Committee of Experts on the Application of Conventions and Recommendations

(hereafter referred to as Committee of Experts) welcomed Georgia’s clarification that the

minimum membership requirement for establishing a trade union had been set at 50

persons. However, the committee also recalled that the requirement should be fixed in a

way enabling the establishment of organisations also in small and medium-sized

enterprises.

Moreover, the committee noted with satisfaction that the revised labour code expressly

prohibited anti-union discrimination at the pre-contractual stage as well as through the

employment relationship and forbade termination of a contract based on an on anti-union

ground. However, it also took note of trade-unions’ allegations of numerous acts of anti-

union discrimination in both the public and private sectors, and in particular of frequent

non-renewal of short-term employment contracts for anti-union purpose. The committee

asked to clarify whether the provisions of the labour code prohibiting anti-union

discrimination apply to such contracts.

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Furthermore, the committee appreciated that according to the revised labour code

collective agreements would be concluded only with employees’ associations and clauses

in contracts would be declared null and void if they contradicted the applicable collective

agreement. The committee also asked for further information on the number of collective

agreements signed, number of workers covered and actions taken to promote collective

bargaining in both the public and private sectors.

The committee welcomed the revised labour code which had introduced a new

mechanism for collective labour dispute resolutions, including lifting of the limits on

strike duration. In 2014-2015, this mechanism started to operate and its capacity building

would continue with the ILO’s support. However, the committee also noted that the

amended labour code provides that at any stage of a collective labour dispute, the

minister can terminate conciliatory procedures and requested that this is reviewed so as to

ensure that the labour code promotes the negotiated resolution of collective labour

disputes. The committee also noted trade-union’s allegations that the definition of the

grounds for collective labour disputes restricts the right to strike, and requested

indications as to which strikes can be legally carried out. Furthermore, the committee

noted that the right to strike is prohibited in services which do not constitute essential

services and requested amendments to the labour code and other instructions as well as

specification of services that cannot be suspended. Clarification is also needed as to how

the suspension of the right to strike is used in practice.

The Tripartite Commission for Social Partnership (TCSP) was established on the basis of

the revised labour code in May 2014. However, it did not meet since its inauguration and

did not yet become operational. The labour code provides for mediation mechanisms but

a proper system for the settlement of labour disputes is not in place yet. Overall, a

meaningful social dialogue was not yet established in Georgia.

The Labour Inspectorate was re-established in a form of a new Department at the

Ministry for Labour, Health and Social Affairs in March 2015, after overcoming a fierce

reluctance from the Ministry of Economy and some businesses sectors. Its statute, taking

on board the ILO's comments was approved in April. However, the creation of this

Department should be seen as a preparatory phase and further work is necessary to bring

the new Inspectorate, notably the enforcement powers, sanctioning mechanisms and staff

resources fully in line with the ILO's standards in order to ensure full application of

freedom of association and collective bargaining and other labour standards. Cooperation

with the ILO would continue to elaborate the inspection tools.

Moreover, the State Monitoring Programme of the Labour Conditions was approved and

its implementation launched in February 2015. However, the monitoring is voluntary and

monitors were only allowed to enter employers’ premises at their invitation. According to

the programme’s first results issued in June 2015, the major groups of violations

identified were breaches to the labour law (such as unpaid leave), dangerous working

condition, notably due to violations of safety rules and health associated problems and

risks due to harsh working conditions (such as burn-out).

In 2014-2015, Georgia initiated preparations of legislation on occupational safety and

hygiene and related issues, but only after long hesitation and the process has not yet

progressed very far.

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Forced labour (Conventions 29 and 105)

Regarding the implementation of these two conventions, in its 2013 report the

Committee of Experts asked the government to present it copies of legislation according

to which military commanders were not entitled to give instructions not linked to military

purposes. The committee also noted with interest the government’s clarification that

work of convicts could be carried out only with their voluntary consent, while it

requested a further specification how the voluntary consent of prisoners concerned to

work for private workshops was guaranteed. Moreover, the committee asked the

government to provide information on the application of the criminal code’s provisions

according to which penal sanctions of correctional work or limitation of freedom might

be imposed for serious violations of procedures related to the organisation of meetings.

The committee also requested amendments to the criminal code to ensure that no

penalties involving compulsory labour could be imposed for the mere organisation of a

peaceful strike.

As for the most recent developments on the ground, Georgia's new Labour Inspection

Department would supervise law enforcement also in this area and would be entitled to

impose measures to prevent forced labour and human trafficking. The relevant legislation

is due to enter into force in January 2016.

Minimum age for work and worst forms of child labour (Conventions

138 and 182)

On the minimum age convention, in its 2013 report the Committee of Experts requested

amendments to the labour code to extend protection on self-employed children and those

working in the informal economy. The committee also requested amendments to the

labour code to lay down provisions on light work allowed for children above 14 years,

including the upper limit of working hours and other working conditions. Moreover, the

committee noted that abolition of the labour inspection by the 2006 labour code had

resulted in a lack of institutional monitoring ensuring enforcement of the existing

legislation, including with regard to child labour.

As regards the implementation of the minimum age convention in practice, in 2014-2015,

the government continued to take steps to reduce the relatively high number of working

children reported in previous years, increase the rate of school enrolment and develop a

system of vouchers for street children. Moreover, the revised (2013) labour code

provided for some clarifications on the conditions under which minors under,

respectively, 14 and 16 can work and introduced restrictions to the maximum weekly

working time for these groups. Also, the new Labour Inspectorate will oversee

implementation of labour rights, including those related to child labour. The government

clarified that until the new inspectorate became operational, police and the Ministry of

Labour would continue to be in charge of monitoring the rights of children, including in

the labour area.

As regards the worst forms of child labour, the 2013 report of the Committee of Experts

noted that according to the criminal code persuading a minor to beg or undertake any

other anti-public activity or involving a minor into abusing substances shall be

punishable, and requested more detailed information on these provisions. Moreover, the

committee observed that the government had adopted a national action plan on the fight

against trafficking envisaging several important measures for the fight against trafficking

in minors by focussing on prevention, protection of the victims and prosecution of the

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offenders. The committee also acknowledged that the government had introduced a

number of measures to support rehabilitation of street children and asked for information

on the number of street children rehabilitated as well as of those who had benefited

through projects implemented by the state.

According to the information available from the ground, the government prepared a child

welfare and protection action plan for 2012-2015 and established an inter-ministerial

council to oversee its implementation. The action plan targeted vulnerable children,

particularly those living and working on the street. It included several measures for

integration of street children, including provision of psychological and social aid (e.g. a

programme of shelter provision for homeless children was launched in 2014). A number

of care centres and mobile teams to provide relevant services were established in the

framework of the Plan’s implementation.

Moreover, with the EU financial support the government operated a social rehabilitation

and child care state programme for vulnerable children living and working on the street

in 2013-2015, and it undertook to continue further strengthening the mechanisms

established in this framework in the future.

The government also significantly increased its funding to assist victims of trafficking,

including child victims. The State Fund for Protection and Assistance of Victims of

Human Trafficking continued to provide services such as shelter and psychological

assistance in 2014-2015. In the period from mid-2013 to mid-2015 six cases of child

trafficking were investigated (two cases of labour and four of sexual exploitation).

In its 2013 report, the Committee of Experts encouraged the government to pursue its

efforts in the field of education, notably to take measures to enable children to attend and

complete compulsory education and ensure free basic education for all children,

particularly street children.

According to the information available, in 2014-2015, the Georgian authorities did focus

on making general education accessible and affordable to any child in the country. The

general (secondary) education as well as school textbooks and public transport for school

children continued to be free of charge. Steps were taken towards revising the National

Education Plan (NEP) so that it ensured quality education to all children irrespective of

their social and economic status. Particular emphasis was put on inclusion of children

beyond the system of formal education, such as working children or victims of sexual

exploitation. In order to ensure a proper implementation of the revised NEP a series of

trainings for teachers as well a system for monitoring children not registered in schools

or those who are at risk of dropping out were being developed.

Elimination of discrimination (Conventions 100 and 111)

In its 2014 report, the Committee of Experts requested the Georgian government take

measures addressing the underlying causes of persisting wage inequalities and to promote

women’s access to a wider range of job opportunities at all levels. It also asked to

promote equal remuneration for work of equal value. Furthermore, while noting that the

Employment and Labour Policy Department had been established within the Ministry of

Labour in February 2013, the committee re-iterated its requirement to the government to

develop a concrete method of job evaluation and to provide information concerning the

training for evaluators. The committee also noted with concern that there had no longer

been any labour supervisory body in Georgia, and asked the Georgian authorities how

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they intended to ensure effective enforcement of the principle of equal remuneration and

called on them to strengthen the capacities of judges, labour officials and other

competent authorities in this area.

As regards the prohibition of discrimination, the committee recalled that the revised

labour code adopted in 2013 had not explicitly covered discrimination at the recruitment

or selection stage. Therefore it asked the government to clarify the existing non-

discrimination provisions by including into the legislation a specific definition and

prohibition of direct and indirect discrimination at all stages of employment and

occupation. With regard to equality of opportunity and treatment of men and women, the

committee welcomed the detailed information on training activities conducted on gender

equality in its 2014 comments. Given the relatively low employment rates of women in

comparison to men, the committee asked the government to take measures to address the

legal and practical barriers to women’s access to the broadest possible range of sectors.

Moreover, the committee requested statistics on situation of men and women in

employment, by sector of the economy, as well as statistics, disaggregated by sex, on the

situation of members of different ethnic minorities in employment.

According to the most recent information provided by the Georgian authorities, in order

to improve the employment conditions of women, targeted changes were introduced in

the revised labour code in 2013. In particular, the legislation now provides for maternity

and childcare leaves of absence as well as leaves of absence for adopting a new-born.

The revised labour code also includes provisions aiming to eliminate discrimination at

workplace. Furthermore, the Law on Elimination of all Forms of Discrimination aiming

at ensuring that everyone enjoys the rights declared by the Georgian legislation,

including labour rights without any discrimination was adopted in May 2014. Moreover,

the Ministry of Labour’s department for monitoring labour conditions created in March

2015 is responsible for identification and registration of the discrimination cases at the

workplace and providing recommendations to tackle those cases.

Future actions and priorities

In the framework of the ‘State Program for Monitoring Labour Conditions’, more

attention will be given to raising employees’ and employers’ awareness on international

labour standards as a way to prepare them for the operation of the new labour inspection

mechanism. The government also intends to continue developing labour mediation

mechanisms, with the support of the ILO and notably work at strengthening labour

mediators’ capacities and social partners’ awareness. More broadly, efforts to improve

compliance with the international labour standards and to strengthen institutions have to

be seen as part of the 2015-2018 State Strategy and Action Plan to improve the

functioning of the labour market.

Conclusions

Many shortcomings previously routinely reported regarding Georgia’s implementation

of the GSP+-relevant labour rights conventions, in particular those related to freedom of

association and right to organise and bargain collectively, were addressed in Georgia’s

revised labour code adopted in 2013. The first years of practical implementation and

enforcement of the revised code were 2014-2015. In particular, the first actions taken

towards the re-establishment of a labour inspection system represented a major step as

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regards effective enforcement of core international labour standards and labour rights in

general. However, labour inspections clearly remained a politically very sensitive matter

in Georgia and several important issues would still have to be solved in order for the

new inspectorate to become aligned with the ILO standards. Further capacity-building

and providing of adequate financial and human resources would also be crucial to

ensure that the inspectorate would become able to effectively perform its tasks.

8.2.3. UN Conventions on Environmental Protection and Climate

Change (conventions 16-23)

Status of ratification and reporting

Georgia ratified all the GSP+-relevant conventions on environmental protection and

climate change, without reservations (Georgia only made a permissible declaration to the

CBD), and maintains their ratification. For details please see the annex.

In 2014-2015, Georgia complied with its reporting obligations to the monitoring bodies

of all these conventions. For further details please see the annex.

Status of implementation of the conventions

In 2014-2015, Georgia continued to make effort to ensure effective implementation of

these eight conventions. Nevertheless, many issues would have to be addressed also in

the future. In this context, Georgia reported that resource mobilisation and strengthening

of institutions remained one of the main challenges in most areas.

Convention on International Trade in Endangered Species of Wild Flora

and Fauna (CITES)

As regards the implementation of the CITES, Georgia’s national legislation in this area

remained ranked as category 2 under the convention, i.e. not yet fully meeting all the

requirements for the convention’s implementation. According to the Georgian authorities

the new Law on Biodiversity aiming at rectifying this shortcoming and also harmonising

the Georgian legislation to the relevant EU directives was supposed to be adopted and

enacted by the end of 2015. In 2015, Georgia submitted the two long-overdue biennial

reports (for 2003/2004 and 2007/2008).

Basel Convention

No salient shortcomings were identified in Georgia’s implementation of the Basel

Convention in 2014-2015. Georgia submitted its overdue national reports (for 2012 and

2013). Moreover, the Georgian authorities reported on preparations of a new law on

import, export and transit of waste into and out of the Territory of Georgia. This law was

being prepared with the support of the EU technical expertise and foreseen to be

submitted to the government for approval before the end of 2015. It should establish

terms, procedures and control mechanisms for import of waste into, export from and

transit through Georgia in accordance with the convention. This would be commendable

as the legislation in place did not include any transit options (it, however, covered import

of hazardous waste and radioactive residue of the production, household and other types

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of waste for their utilisation, neutralisation, treatment, landfilling or any other purposes,

as well as import of non-hazardous waste and non-radioactive residue of the production,

household and other types of waste for their disposal).

Convention on Biological Diversity (CBD)

In 2014/2015, there were no salient shortcomings identified in Georgia’s implementation

of the CBD, while biodiversity loss in the country was not halted and measures

supporting biodiversity should in general be strengthened. In 2015, Georgia submitted its

5th National Report and therefore complied with its reporting requirements under this

convention.

The main achievement in terms of biodiversity conservation and implementation of the

international biodiversity related conventions is the adoption of Georgia’s second

National Biodiversity Strategy and Action Plan (NBSAP-2) for 2014-2020. The

document covers eight thematic areas and sets twenty-one national targets, which are in

line with the Aichi biodiversity targets and strategic visions of all the international

biodiversity related conventions. In order to ensure proper coordination of the

implementation process, an NBSAP-2 implementation committee consisting of

governmental representatives, scientists and NGOs had been established and made

operational. A number of planned activities had already started to be implemented.

Moreover, Georgia reported on the establishment of the National Biodiversity

Monitoring System and adoption of the Law on Living Modified Organisms.

Furthermore, in cooperation with the German International Cooperation society (GIZ)

Georgia had been working on the new Law on Biodiversity which would cover issues

related to the nature conservation and was expected to be adopted by the end of 2015.

Moreover, also with support of the GIZ, the Georgian authorities were carrying out a

project on promotion of listing of species in the CITES appendices where the status of

these species is considered to be at risk. This project was supposed to deliver results by

the end of 2015. Georgia also continued to benefit from an EU and Council of Europe’s

funded project on the creation of the emerald network in the country which remained one

of its most challenging goals in the area of biodiversity.

Moreover, the Georgian authorities informed about the creation of a new protected area

in the north-east of the country (Pshav-Khevsureti Protected Area). This represented a

major positive change related to Georgia’s protected areas system and increased the share

of protected areas to 8.6 % of the country’s territory from the previous 7.6 %.

Stockholm Convention on Persistent Organic Pollutants

The Georgian authorities clarified that Georgia had so far been obliged to submit two

national reports to the monitoring body of the Stockholm Convention and had complied

with this obligation (the first national report had been submitted in November 2011 and

the second one in September 2014).

Moreover, the Georgia authorities reported on several implementation measures

undertaken in 2014-2015, in particular progress in fulfilling the 2011-2015 Persistent

Organic Pollutants (POP) National Implementation Plan aiming to develop maximally

efficient strategies of POP management in the country as well as ensure protection of

human health and the environment through implementing sustainable policies. Georgia

further informed on two on-going UNEP projects ‘Disposal of POPs Pesticides and

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Initial Steps for Containment of Dumped POPs Pesticides in Georgia’ and

‘Demonstrating and Scaling up Sustainable Alternatives to DDT for the Control of

Vector Borne Diseases in Southern Caucasus and Central Asia’, as well as on the

regional project ‘Improving capacities to eliminate and prevent recurrence of obsolete

pesticides as model for tackling unused hazardous chemicals in the former Soviet Union’

implemented by the EU and FAO.

Furthermore, the government adopted a decree on rules for the import and export of

certain hazardous chemicals and pesticides, and implementation of a prior informed

consent procedure, aiming to meet the requirements and procedures of the related

Rotterdam Convention and envisaging commitments also in some areas covered by the

Stockholm Convention itself. On the other hand, framework national legislation for the

management of chemicals remained lacking.

Convention on Biosafety (Cartagena)

In its 2nd National Report submitted in 2011, Georgia informed that no measures had

been taken yet to introduce the domestic regulatory framework necessary to ensure

proper implementation of the Cartagena Protocol. A draft national biosafety framework

had been under development with support of the United Nations Program for

Environment — the Global Environment Facility (UNEP-GEF) Biosafety Project. In late

2014, Georgia adopted a new law on living modified organisms, but preparation and

adoption of additional by-laws would be necessary to ensure full compliance with the

protocol. The 3rd National Report was submitted in November 2015.

Conventions on Climate Change

According to the requirements of the Montreal Protocol on Substances that Deplete the

Ozone Layer, Georgia has to reduce its consumption of hydrochlorofluorocarbons

(HCFC) by 10 % in 2015 and by 35 % in 2020. To achieve these goals, in 2014-2015, the

country continued to implement its HCFC Phase-out Management Plan (HPMP)

covering several concrete activities in different fields (such as policy, regulatory and

institutional support, training, capacity-building and awareness or demonstration

projects) and should ensure smooth and efficient implementation of its international

commitments. Under the HPMP technical assistance was provided in the solvent sector

with the aim of total phase-out of HCFC-142b consumption in dry cleaning companies.

In 2014, new HCFC-free dry cleaning machines were purchased and handed over to the

selected companies for installation and operation. Companies’ technicians were trained in

new machines operation and recommendations for further sustainable economic

development of the companies were offered. As a result, Georgia has already achieved

total phase-out of the consumption of HCFC-142b in the solvent sector.

Concerning the implementation of the United Nations Framework Convention on

Climate Change (UNFCCC), Georgia initiated preparations of its first Biannual Update

Report due by the end of 2014, but it would still need to finalise it and submit to the

UNFCCC Secretariat. In 2015, the Georgian authorities also informed that the Third

National Communication was in its final stage of preparation. The Intended Nationally

Determined Contribution (INDC) detailing Georgia’s emissions reduction targets for

2021-2030 was submitted to the UNFCCC Secretariat on 25 September 2015, ahead of

the 21st Conference of the Parties in Paris in December 2015. Moreover, the Low

Emission Development Strategy was under preparation and expected to be finalised by

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the end of 2015. By the end of 2015, Georgia also envisaged to complete the preparation

phase of its two nationally appropriate mitigation actions.

Conclusions

In 2014-2015, Georgia continued to make efforts to ensure effective implementation of

the GSP+-relevant conventions on environmental protection and climate change.

Nevertheless, several shortcomings remained and would have to be addressed also in the

future. To be successful in these tasks, Georgia would have to ensure adequate resources

and capacity building of the institutions active in these fields.

Specifically as regards the implementation of the CITES, Basel Convention, CBD and

Stockholm Convention, the situation was broadly satisfactory. At the same time,

Georgia’s national legislation for the implementation of the CITES had remained ranked

as not yet fulfilling all CITES’ requirements for several years. Georgia aimed at enacting

legislative amendments rectifying this problem by the end of 2015; Georgia should

clarify if this has happened and, if this is not the case, indicate when this will be the case.

Concerning climate change, mitigation and adaptation issues continued to be dealt with

through different sectorial laws and policy documents, and Georgia would still need to

adopt a flagship/framework legal act or policy in this area.

Regarding the future implementation of the GSP+-relevant conventions on

environmental protection and climate change Georgia’s priorities and objectives

concern in particular the CBD, Stockholm Convention, Montreal Protocol and the

UNFCCC.

As for the CBD, Georgia’s future actions and priorities are presented in detail in the

National Biodiversity Strategy and Action Plan.

Moreover, in cooperation with the UNEP Georgia intends to review and update the

National Implementation Plan for the Stockholm Convention. The project envisages a

new POPs inventory, assessment of the existing plan and development and adoption of a

new plan, as well as public awareness raising regarding POPs during the next 2 years.

Concerning the implementation of the Montreal Protocol, Georgia intends, with the EU’s

technical assistance, to prepare a new law on certain fluorinated greenhouse gases,

including by-laws on management and monitoring of Ozone Depleting Substances.

Under the UNFCCC, there are several priorities with regards to mitigation

(empowerment of energy efficiency and renewable energy utilisation measures in rural

areas of the country, reduction of emissions from transport sector through the

development of sustainable urban mobility, improvement of the inventory system on F-

gases, increase of carbon capture from forests with reforestation, development of

sustainable forest management principles, strength supervision in order to reduce illegal

logging and establishment of fast growing forest plantations in forest clearances so that

timber and fuel wood can be produced and provided primarily to local communities) as

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well as adaptation (e.g. introduction of new technologies against water and wind erosion

and salinisation, development of proper irrigation technologies, development of an early

warning decentralised system).

EU technical assistance will continue to be provided through the regional Clima East

Policy project, in particular to strengthening the capacity of policy-makers to contribute

to the development and implementation of the 2015 Climate Change Agreement and for

the development of medium-/long-term mitigation policies. Within the provisions of the

Association Agreement the strengthening of EU-Georgia climate policy dialogue and

cooperation is expected to take place, as well as an increased commitment to implement

the climate-related provisions of the Association Agreement.

8.2.4. UN Conventions on Good Governance (conventions 24-

27)

Status of ratification and reporting

Georgia ratified the UN Single Convention on Narcotic Drugs on 27 March 2000 and the

UN Conventions on, respectively, Psychotropic Substances and against Illicit Traffic in

Narcotic Drugs and Psychotropic Substances on 8 January 1998. Georgia ratified all

these three core international drug control conventions without reservations and

maintains their ratification. Georgia ratified the UN Convention against Corruption

(UNCAC) on 4 November 2008 and maintains its ratification. When accessing the

UNCAC, Georgia made a permissible reservation to it. For further details concerning

Georgia’s status of ratification of the GSP+-relevant good governance conventions please

see the annex.

In 2014/2015, Georgia made efforts to comply with its reporting obligations to the

monitoring bodies of these conventions. As of January 2015, Georgia was compliant with

all requests for monitoring information from the monitoring body of the three core UN

conventions on fighting illegal drugs (International Narcotic Control Board — INCB).

On the UNCAC, Georgia has complied with all reporting obligations. Reviewing of

Georgia's compliance with the UNCAC is carried out by the UNCAC Implementation

Review Group, the convention's monitoring body. The executive summary of the most

recent review on Georgia has been available to the public since May 2012, and the full

report is also publicly available.

For further details concerning Georgia’s compliance with its reporting obligations to the

monitoring bodies of the GSP+-relevant good governance conventions please see the

annex.

Status of implementation of the conventions

UN conventions fighting illegal drugs

The main issues to address regarding Georgia’s implementation of these conventions in

2014-2015 were the need to adopt and implement a balanced national drug strategy, the

need to regularly assess the extent of drug use, incidence and prevalence, and the need to

invoke the country’s rights to require pre-export notification for all substances included

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in Tables I and II of the Convention against the Illicit Traffic in Narcotic Drugs and

Psychotropic Substances.

Georgia adopted its National Drug Strategy and Action Plan for 2014-2015 in December

2013. The goal of the strategy was to reduce medical, social and economic harm caused

by illicit drug trafficking by focusing on reducing demand and harm, reducing supply,

improving coordination and international cooperation and improving monitoring of the

drug situation in Georgia.

In terms of countering illegal drug use and importing narcotics, Georgia implemented

extensive legislative amendments to existing drug-related laws and enacted a new law on

psychotropic substances in May 2014. In this law, Georgia used the experience of several

European countries in terms of criminalisation of classes of chemical compounds, that

overall reduced the import of new psychoactive substances in the country. In 2014,

Georgia also significantly expanded the list of pharmaceuticals for which a person needs

a prescription, in an effort to better control the illegal use of pharmaceuticals.

Consequently, the use of home-made drugs and the import of new psychotropic

substances decreased by over 90 % since 2013. As for precursors, the draft resolution of

the government of Georgia on ‘Approval of the Rules of import/export of precursors

(except Pharmaceutical products under special control)’ was elaborated and was

supposed to be presented to the government for approval by the end of 2015.

In order to increase capacity in supply reduction, customs service officers, staff of

penitentiary institutions and police officers were regularly trained regarding the detecting

and monitoring drugs. The overall number of trained persons was approximately 1 500 in

2014. Enhanced security measures at the borders as well as more proactive approach

towards investigation and control resulted in a significant increase of the amount of drugs

seized at the state borders of Georgia.

Additionally the government of Georgia approved the amendments to its criminal code

which are in force as of August 2015 and aim to distinguish criminal liability for drug

possession and distribution, and to modify the list of controlled substances in line with

international standards.

As regards prevention, progress was made across the board, e.g. in increasing young

people’s awareness of drugs’ harmfulness and the dangers they pose. A common

prevention strategy was elaborated by the authorities in cooperation with all stakeholders.

A drug addiction state programme was approved by Georgia in December 2014.

In the area of harm reduction, 14 community-based service centres were fully

functioning. In prisons, the methadone detoxification programme for opioid addicts was

available for every prisoner.

Despite all this progress, Georgia does not have statistically reliable indicators regarding

drug users and drug abusers. This is mainly due to a lack of coordinated registration and

analysis. In order to regularly and comprehensively assess the national drug situation, the

authorities, after consultation with the European Monitoring Centre for Drugs and Drug

Addiction (EMCDDA), decided to establish the National Drug Monitoring Centre, and it

was supposed to become operational by the end of 2015.

A memorandum of understanding between Georgia and the EMCDDA is under

negotiations.

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UN Convention against corruption (UNCAC)

Regarding Georgia’s compliance with the UNCAC’s requirements, the most recent

monitoring body review (the executive summary of which has been publicly available

since May 2012) was largely positive. Continued implementation of the national anti-

corruption strategy and action plan were identified as a main priority for further work,

along with continued improvement of international law enforcement cooperation and

addressing of cross-border crime.

The Georgian government adopted a plan for reforming the civil service in November

2014. A specialised anti-corruption unit within the office of the chief prosecutor was set

up in January 2015. In February 2015, Georgia’s Anti-Corruption Council adopted the

new national Anti-Corruption Strategy and Action Plan for 2015/2016, and these were

subsequently approved by the government. Moreover, amendments to the law by Georgia

on conflict of interest and corruption in public service entered into force in April 2014.

Georgia underwent an assessment of its anti-corruption efforts within the context of the

Visa Liberalisation Action Plan (VLAP), with a third progress report published in May

2015 (

). This review deemed that the anti-corruption benchmark had been partially

achieved, with good prospects for further progress. Since the third progress report,

Georgia adopted the ‘Law on Civil Service’, which aims among other things at the de-

politicisation of the civil service. The parliament of Georgia adopted the law with the

relevant package of 46 secondary laws in October 2015.

There were also three progress assessments of the country as part of the OECD Anti-

Corruption Network Third Monitoring Round, with 12 out of 15 recommendations

judged implemented as of March 2015.

The most recent compliance report from the Council of Europe’s Group of States against

Corruption (GRECO), covering incriminations and transparency of party funding, was

published in August 2015. GRECO concluded that Georgia had implemented

satisfactorily eight out of 15 recommendations contained in the Third Round Evaluation

Report. The Georgian authorities were asked to provide additional information regarding

the implementation of certain recommendations by 31 March 2016.

Concerning Georgia’s future priorities and objectives in the area of fight against

corruption, the government in particular intends to continue implementation of its 2015-

2016 strategic priorities for the fight against corruption which include actions for

prevention of corruption, measures on criminalisation of corruption and fight against this

phenomenon, as well as international cooperation. Among activities directly addressing

the implementation of the UNCAC are: facilitating implementation of recommendations

from international organisations (GRECO, OECD, UNODC/UNCAC); amendments to

the criminal code regarding misappropriation and embezzlement to include liability of

legal persons; ratification of the Third Additional Protocol to European Convention on

Extradition as well as signature and ratification of the Fourth Additional Protocol;

elaboration of guidelines for effective conduct of international cooperation in the

criminal law sphere; and carrying out of preparatory measures for signing relevant

bilateral agreements.

http://eeas.europa.eu/delegations/georgia/documents/visa/20150508vlap_en.pdf

146

Conclusions

In 2014-2015, Georgia made significant progress in implementing the national anti-drug

strategy and action plan to address all shortcomings identified in its GSP+ scorecards in

the drug control area and to comply with the provisions of the international drug control

conventions. Important progress was registered in the normative framework aimed at

strengthening the government’s capacity to address drug trafficking, in drug supply,

drug reduction, including in prevention and harm reduction, and in information

collection and evaluation. However, Georgia still lacks coordinated registration and

analysis to comprehensively assess the national drug situation. A memorandum of

understanding between Georgia and the EMCDDA is under negotiation.

Georgia demonstrated significant anti-corruption efforts, including on reforming the

civil service and through adoption and progress in implementation of the 2015-2016

Anti-Corruption Strategy and Action Plan. Georgia also ensured compliance with its

reporting obligations to the UNCAC monitoring body and other international fora active

in the anti-corruption area. Georgia is encouraged to continue its efforts to fully

implement the recommendations made under several monitoring fora, in particular the

GRECO recommendations.

8.3.

Trade and Economy

8.3.1. Trade Picture

In 2014, Georgia’s GDP at current prices totalled GEL 29 187 million, up 8.7 % year-on-

year. In the same period the real growth of GDP amounted to 4.8 %. In the first quarter of

2015 this real growth of GDP amounted to 3.2 % year-on-year.

The largest share in the sectorial structure of GDP is held by trade services (17.4 %) and

industry (17.1 %), followed by transport and communication services (10.5 %), public

administration (9.9 %), and agriculture, forestry and fishing (9.2 %). The two main

industrial sectors in Georgia are the manufacture of food products, beverages and tobacco

products; and the supply of electricity.

The major challenges to the Georgian economy are currency depreciation and import

dependency. Furthermore, better political stability could represent a good incentive for

the economy, as could greater effectiveness of newly established bodies in areas of

reforms, including competition, state procurement and IPR protection.

In January-September 2015, exports from Georgia equalled USD 1.645 million (24 %

lower year-on-year), while imports to Georgia stood at USD 5.664 million (9 % lower).

The negative trade balance was USD 4.019 million in January-September 2015 and its

share in external trade turnover constituted 55 %. Georgia’s major non-EU trading

partner countries include Turkey, Azerbaijan, China, Russia, Ukraine, USA and

Armenia. In the first three quarters of 2015, the EU trade share stood at 32 %.

Georgia has a free trade regime with all CIS countries and Turkey. Moreover, Georgia is

in the process of negotiations with EFTA countries for signing an FTA.

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8.3.2. GSP+ Statistics

GSP/GSP+ preferences had a significant economic importance for Georgia in particular

before the start of application of the bilateral DCFTA in September 2014. In 2013,

around 24 % (EUR 155.9 million) of Georgia’s exports to the EU came under the

GSP/GSP+ regime, while in 2014, it was only around 16 % (EUR 1 054.9 ml), i.e. a one-

third year-on-year decrease. Also Georgia’s GSP/GSP+ utilisation rate dropped from

84 % in 2013 to 47 % in 2014. Over the years, Georgia’s GSP/GSP+ exports have

remained heavily concentrated in a few goods with a rather low value added — in 2014,

fruits, vegetables and nuts represented more than 47 % of Georgia’s GSP/GSP+ exports,

chemicals more than 22 % and ferro-alloys more than 13 %, meaning that these three

sections formed together almost 84 % of all Georgia’s imports.

Figures 8.1-8.3 below describe Georgia’s utilisation of the GSP+, in the context of its

overall imports to the EU. The bilateral DCFTA applied from September 2014.

Source for all statistics: Eurostat data, as of September 2015.

Figure 8.1

Georgia - Imports to the EU, 2012-2015

Figures in thousand EUR

Total imports to EU

GSP+ eligible imports

GSP+ preferential imports

GSP+ utilisation rate

Figure 8.2

2012

578,394

142,552

126,435

88.69%

2013

658,312

184,891

155,968

84.36%

2014

649,631

224,756

106,428

47.35%

2015 (Q1-2)

386,737

149,722

6,425

4.29%

Trend 2012-

2014

12.32%

57.67%

-15.82%

-46.61%

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Figure 8.3

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Guatemala– GSP+ Assessment

9.1.Country Overview

Guatemala is a multi-ethnic, multicultural and multilingual country, with considerable

economic potential but high levels of inequality.

Between 1960 and 1996, Guatemala suffered from a long and violent internal armed

conflict during which more than 200 000 people were killed. Nineteen years after the

signing of the Peace Agreements, major questions around nation and state-building issues

are still pending, including agreements on a national memory, and on what model of

transitional justice the country wishes to pursue. This has contributed to the polarisation

of society. The tenacity of stereotypes on women and indigenous people also impedes

progress towards more inclusive policies. Moreover, high levels of social conflict exist

over land and extraction projects that lead to strong polarisation between societal actors

and the vulnerability of human rights defenders. Judicial independence remains uncertain

and the security apparatus does not fully function, thereby fuelling high levels of

impunity.

Guatemala has one of the lowest levels of tax collection in Central America (under 12 %

of GDP in tax), which significantly affects the government’s capacity to invest in

policies. Consequently, Guatemalan institutions remain fragile and the civil service weak.

The different line ministries do not have the necessary human and financial capacities to

cope with their respective missions. In addition to the low level of state income taxes,

corruption remains a major issue pervading the public administration, including in its

highest positions.

In 2015, a series of high-level corruption schemes were revealed to be operating in the

customs administration and the Guatemalan Institute of Social Security. This corruption

was unearthed by the Guatemalan Prosecutor General’s Office in coordination with the

UN-brokered International Commission against Impunity in Guatemala (CICIG). These

findings sparked a severe political crisis and a wave of peaceful social protests across the

country.

The protests brought together traditionally polarised actors from across the ideological

spectrum in a common civic call for structural reforms and transparency. They also

called for the resignation of the President and the postponement of the elections. In this

challenging context, Guatemala managed to uphold the constitutional order, remove the

then President and a significant part of the executive, select an interim government and

organise elections at four separate levels of government.

The resounding victory of newcomer Jimmy Morales in the second round of the

presidential election, who championed an anti-corruption message, clearly showed the

unifying effect that the fight against corruption has on traditional urban-rural and

ideological divides. These recent developments are a major achievement in themselves

and create a new basis for resolving the long-term structural challenges of the country.

The geo-strategic position of Guatemala has also become a major challenge by turning it

into a main transit route for drugs, mainly cocaine shipped to the USA, but also

methamphetamines, the production of which has increased recently. Consequently,

Guatemala is now considered a major hub for a large spectrum of illicit transnational

150

activities (drug trafficking, arm trafficking, human trafficking, money laundering, etc.),

allowing for an increasing penetration of organised crime groups. The state has made

considerable efforts to regain control of the territory and address the porosity of its

borders through an increased presence of the army and strengthened cooperation with

neighbouring countries. These efforts combine with those of the international community

to support territorial integrity, such as EU programmes and the Alliance for Prosperity of

the USA.

On the economic front, Guatemala’s economy has become increasingly diversified. The

value added of services represents 59.5 % of the country’s GDP, followed by industry

(29 %) and agriculture (11.5 %). Nevertheless, agriculture remains the economic activity

that provides most employment (31.2 % of the occupied population works in this sector).

The distribution of income remains highly unequal, as evidenced by the World Bank’s

latest Gini index estimate for Guatemala (52.4 in 2011). Moreover, 53.7 % of the

population lies below the national poverty line and 13.3 % of the population lives in

extreme poverty (2011). Low social indicators and high levels of poverty

disproportionately affect the indigenous population, who make up almost half the

country’s inhabitants.

Guatemala’s employment rate is in line with most Latin American and Caribbean

countries. The overall unemployment rate is fairly low, around 2.9 %. However, informal

employment is very high (65.8 %) and the social protection system (the Guatemalan

Social Security Institute — IGSS) has very low coverage, with only 28.8 % of employed

workers being affiliated to IGSS. Although the monthly minimum wage rose slightly in

2014 and currently stands at GTQ 2 644.40 (USD 344), the living cost for an average

family remains much higher, at around GTQ 6 245.80 (USD 812) per month. Due to a

lack of economic opportunities and environmental disasters, many Guatemalans,

particularly from rural areas, attempt to illegally migrate to the United States.

The trade union movement in Guatemala is considerably weaker than those of other

countries. During the internal armed conflict, union leaders were systematic targets of

political violence as part of the counter-insurgency effort. This destroyed much of the

movement and helps explain the mistrust which exists between the movement and the

political and economic elites of the country today. The movement is also highly

fragmented, and there are around 20 different trade union centres and umbrella

organisations nationwide. Despite this, common goals do exist, and in recent years the

movement has proved capable of coming together to push for key results. Many union

members and labour rights activists continue to report serious cases of threats and

violence, as well as a stigmatisation, and a chronic shortage of due legal process.

Despite considerable efforts made since the signing of the 1996 Peace Accords and its

considerable economic potential, Guatemala continues to face a series of underlying

challenges that impede the full implementation of the international conventions it has

signed up to. These include: high levels of exclusion affecting part of its population; high

levels of inequality; weak institutions, in large part due to low levels of tax revenue and

public financing and widespread corruption; the lack of a stable civil service; fragile

judicial independence; the incomplete implementation of the 1996 Peace Accords; the

absence of a proper dialogue platform for addressing the root causes of poverty and

social conflict and an overall weak promotion and defence of human rights and human

rights defenders.

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The hope is that the above-described political developments mark a milestone towards

the resolution of these challenges, provided that they are translated into a concrete action

plan by the new government.

9.2.Compliance with GSP+ Obligations

9.2.1. UN Human Rights Conventions (conventions 1-7)

Status of ratification and reporting

Guatemala has accessed or ratified with no reservation the seven UN human rights

conventions listed in the Annex VIII of the Regulation (EU) No 978/2012, and maintains

ratification.

Guatemala generally complies with all its reporting obligations to monitoring bodies,

although it has historically had some delays in meeting requirements. The most recent

report on the Convention on the Elimination of All Forms of Discrimination against

Women (due on 1 September 2015) has not yet been submitted. Further details can be

found in the annex.

Status of implementation of the conventions

Convention on the Prevention and Punishment of the Crime of

Genocide

While Guatemala made history in 2013 by becoming the first country in the world to

convict a former head of state (Efraín Ríos Montt) for genocide, the Constitutional Court

annulled the sentence in a divided ruling, only days after the verdict. Trial proceedings

against Ríos Montt took until June 2015 to resume. Since then, numerous injunctions

(‘amparos’) have been used by defence lawyers and have contributed to delay justice on

procedural grounds. In August 2015, the Supreme Court determined that Ríos Montt is

now unfit to stand an ordinary trial, due to suffering vascular dementia, and should

receive special security measures. Details of these measures are not yet clear.

In May 2014, members of the Congress passed a resolution denying the existence of

genocide during the internal armed conflict and statements of high-ranking government

officials have been issued in favour of the applicability of amnesty. However, on 5

October 2015, an appeal courts clarified that the 1986 amnesty decree could not apply to

international crimes, including genocide and crimes against humanity.

International Convention on the Elimination of All Forms of Racial

Discrimination

Despite the legal and institutional frameworks (

) that exist to facilitate the

implementation of this convention in Guatemala, indigenous communities remain

Guatemala’s 1985 constitution recognises, respects and protects the cultural diversity,

languages, culture and customs of ethnic groups and indigenous communities.

Discrimination is categorised as a crime, Guatemala has ratified ILO Convention No 169

and made the Peace Accords legally binding, among them the Accord on the Identity and

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disproportionately affected by poverty, illiteracy, infant mortality, malnutrition and

insufficient access to basic services.

Furthermore, of 813 attacks registered against human rights defenders in 2014, a majority

were registered against defenders of indigenous rights. Indigenous community leaders

remained particularly exposed to human rights violations in areas where large-scale

development projects are carried out by private companies.

International Covenant on Civil and Political Rights (ICCPR)

The independence of the judiciary remains an on-going challenge. The country lacks a

Ministry of Justice and does not have a proper and autonomous body to represent judges.

Currently, the judicial organism is tasked with administrative and jurisdictional

functions, which is not sufficiently efficient and inhibits proper independence.

In 2014, the Prosecutor General, 13 magistrates to the Supreme Court of Justice and 126

magistrates to appeal courts were renewed. The selection process was heavily criticised

by civil society, who denounced irregularities, reported political interferences and

deplored a lack of transparency in the nomination commissions. In a joint statement,

recommendations were proposed by international stakeholders (UN International

Commission against Impunity in Guatemala, the UN System, the European Union and

the EU Member States), to address the procedural shortcomings and improve the

selection process so that it abides by UN standards for the independence of the judiciary.

Despite this, during the 2015 political crisis both the Prosecutor General and the Supreme

Court justices proved instrumental in unveiling the high-level corruption networks

operating in the public administration and indicting those responsible.

Furthermore, in June 2015 the Congress created an inclusive platform to formulate and

advance structural reforms to the judicial sector, involving specialised civil society and

international organisations (CICIG, UNOHCHR, the OAS and embassies). At the time of

writing this report, a specific reform to the judicial selection process (La Ley de

Comisiones de Postulación) and two reform initiatives to the judicial career (La Ley de la

Carrera Judicial) had been put forward to the relevant commissions.

In its May 2015 response, the Guatemalan government also reported normative progress

in the institutional and political framework of the Prosecutor General´s Office, relevant to

addressing impunity for both past and present crimes. In particular it referred to the

performance of the Special Unit for Cases Pertaining to the Internal Armed Conflict, and

the performance of the new criminal investigation unit DIGICRI (Dirección General de

investigación Criminal).

Despite reported delays in the treatment of files concerning human rights defenders

(HRDs), significant steps have been taken in the fight against impunity during the

reporting period. This progress can be attributed to better coordination between the

Prosecutor General’s office, the Ministry of Interior, the police and the National Institute

of Forensic Science, and, in some cases, also with the support of the International

Rights of Indigenous Peoples (2005). To implement the Peace Accords, a series of

institutions have been created to protect indigenous rights, including a new Cabinet for

Indigenous Peoples and Intercultural Affairs created in 2013.

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Commission against Impunity in Guatemala (CICIG). In April 2015 former President

Pérez Molina requested the United Nations extend the mandate of CICIG for another 2

years. This was in line with the recommendations issued by the Justice Coordinating

Body (‘Instancia Coordinadora para la Modernización del Sector Justicia’) and

constitutes the fourth time that the government has requested the extension of CICIG’s

mandate. The EU Delegation and EU Member States present in Guatemala welcomed

this decision in a local statement.

The coordination between key state institutions has facilitated considerable progress in

the investigation and prosecution of large-scale corruption networks. The most prominent

case is known as ‘La Linea’ and, as revealed in April 2015, allegedly involves high-

ranking officials and members of the executive. A local statement issued by the EU

delegation and the EU Member States present in Guatemala underlined the importance of

this operation in the fight against impunity. Corruption networks operating in the

Guatemalan Institute of Social Security, Ministry of Health, Congress, judiciary, private

sector, Bank of Guatemala and political parties have also since been unveiled.

EU funding of CICIG and the ‘Support Programme to Security and Justice in Guatemala’

(SEJUST) have positively contributed to the institutional strengthening of the justice and

security sector.

Nevertheless, various shortcomings need to be addressed. These include the use of the

military in law enforcement, the role of private security companies in citizen security, as

well as overcrowded and poor conditions in detention facilities. Indigenous peoples

continue to face serious obstacles to access the ordinary justice system.

As far as sexual minorities are concerned, LGBTI people continue to suffer from general

societal discrimination and difficulties in accessing healthcare, employment and housing.

International Covenant on Economic, Social and Cultural Rights

(ICESCR)

Guatemala is a multi-ethnic, multilingual and multicultural country, where the 23

indigenous communities, 21 Mayan peoples (with different cultures and languages),

Xinca and Garífuna represent more than half of the population. The lack of inclusive

processes as well as substantial socioeconomic inequalities disproportionately affecting

indigenous communities has contributed to an intensification of social conflicts.

Regulation and mechanisms for guaranteeing the right to consultation of indigenous

peoples generally remain weak.

Social conflicts are principally concentrated around land issues and the exploration and

exploitation of natural resources. They include hydroelectric projects in the regions of

Huehuetenango and Alta Verapaz, mining projects in San Marcos, the cement plant in

San Juan Sacatepequez (where 11 people were killed) and the administration of a

communal forest in the region of Chimaltenango.

In its 2015 response, the government reported that a process had been initiated to start

regulating the right to consultations established in International Labour Organisation

(ILO) Convention 169 ‘concerning Indigenous and Tribal Peoples in Independent

Countries’. However, this process is yet to be finalised.

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Convention on the Elimination of All Forms of Discrimination Against

Women (CEDAW)

Similar to other countries in the region, femicide remains a distressing phenomenon, with

705 women suffering from violent death in 2014.

Positive efforts on tackling violence against women and girls were reported by the

government in its May 2015 response. A strong legal framework exists (Law on

Femicide, Law on Sexual Violence, Exploitation and Human Trafficking, Law on

Domestic Violence), and specialised institutions have been created to provide a more

adequate response.

The Guatemalan government also reports advancing the new Public Policy against

Trafficking of Persons and on the Comprehensive Protection of Victims 2014-2024. The

number of tribunals specialised in femicide and other forms of violence against women

have been extended, and are playing an important role in combatting gender-related

violence. Awareness campaigns and education programmes related to sexual violence

and premature pregnancies have been launched at departmental level. Post-violence

actions such as free legal assistance for victims, protection of victims throughout legal

process and psychological and medical treatments to affected women and children are

gaining more attention. Efforts have also been made to provide this assistance to

indigenous women in their own language.

Child mortality improved in 2014, with an estimated mortality rate of 9.6 per 100 000

inhabitants, compared to a rate of 11 per 100 000 in 2012. Consequently, Guatemala has

made considerable progress in the 2014 Gender Equality Index, ranking 89 out of 142

countries, compared to 2013, when Guatemala ranked 114 out of 136 countries.

Convention against Torture and other Cruel, Inhuman or Degrading

Treatment or Punishment

Several judicial trials related to human rights violations during the internal armed conflict

are awaiting conclusion and/or face important delays. In the most affected communities

this fuels a feeling of de facto impunity.

Despite the pending trials, considerable positive developments were also achieved in the

areas of transitional justice in 2014 and 2015. In October 2014, the High Risk Court of

Guatemala ruled that two army officers would be charged for sexual crimes committed

against indigenous women between 1982 and 1986 in the ‘Sepur Zarco’ case. This is the

first criminal trial specifically pertaining to sexual violence during Guatemala’s armed

conflict and the first time that a sexual slavery case has been heard in a national court. In

November 2014, the president publicly apologised to the residents of Baja Verapaz for

violations committed against them in the 1970s during the construction of the Chixoy

hydroelectric dam. This was followed by the signing of a compensation agreement for

the victims worth the equivalent of EUR 137 million. The Guatemalan government has

since started to disburse funds.

In January 2015, a High Risk Court convicted the former head of a national police

commando unit, Pedro Arredondo, for the burning of the Spanish Embassy in 1980,

which resulted in the death of 37 people. On this occasion, the EU delegation and those

EU Member States represented locally released a statement welcoming the unanimous

155

verdict and qualifying it as a means to dignify the victims and a reference for future

efforts to advance in the reconciliation process.

The situation of human rights defenders (HRDs) deteriorated in 2014, with 814 attacks

on HRDs recorded by the non-governmental organisation ‘Unit for the Protection of

Human Rights Defenders’ (UDEFEGUA), compared to 657 attacks reported in 2013.

This is the highest number registered since the unit began compiling figures in 2000. The

worst-affected HRDs are those working on economic, social, cultural and environmental

rights and individuals such as indigenous leaders, journalists, trade unionists, judges and

lawyers. Despite this, national statistics regarding crime and violence improved, notably

with regard to homicide rates (from 40 to 31 per 100 000 citizens) and criminal acts

(from 217 to 185 per 100 000 citizens).

Numerous international organisations (including the Inter American Press Association,

Committee to Protect Journalists) expressed concerns in 2014 at worsening violence

against journalists, including discriminatory actions taken by the executive against the

daily newspaper

El Periódico.

To address the specific threats against HRDs, the EU has established a ‘filter group’ that

includes EU Member States, the UN Office of the High Commission for Human Rights,

and the Swiss and Norwegian embassies. The filter group aims to analyse and monitor

threats and attacks against HRDs through monthly meetings, and recommends measures

to be taken. Every year, the filter group organises a local dialogue with HRDs and human

rights organisations to exchange on the main concerns, obstacles and specific requests.

Convention on the Rights of the Child

In 2014, along with Honduras and El Salvador, Guatemala was the source of an

unprecedented wave of migration by unaccompanied minors to the US, attempting to

escape violence and ill-treatment. In so doing, the children exposed themselves to

smugglers and child traffickers. Though efforts have commenced, the structural factors

that cause children and adolescents to migrate are yet to be fully addressed.

Despite efforts to address the issue, the number of children, specifically girls, subject to

sexual violence continues to reach worrisome levels. There were 6 476 cases reported by

the National Institute of Forensic Science from January 2014 to January 2015. The

majority are girls of approximately 14 years of age. The number of pregnancies of girls

aged 10 to 15 years in the same period reached 967. The majority of these pregnancies

are a result of sexual violence in rural areas.

In an important advancement, on 6 November 2015 the Guatemalan Congress passed a

law to raise the minimum age for girls to marry from 14 to 18 in an expedited vote.

In its response, the Guatemalan government also reports efforts made by the Social

Welfare Secretariat to further children’s rights. However details and results accomplished

by other relevant institutions are regrettably not described.

Child labour continues to be a serious concern, particularly in agricultural and domestic

services. Although coordinated efforts to tackle child malnutrition have intensified over

recent years, its high levels remain a persistent challenge.

156

Future actions and priorities

After taking up duties in January 2012, former President Pérez Molina promoted an inter-

institutional approach and strived to improve coordination within the state apparatus.

Pérez Molina pushed for a policy mix encompassing social, security and economic

aspects. He focused on three pacts: the ‘zero hunger pact’ to address malnutrition, the

‘security, justice and peace pact’ to tackle insecurity, and the ‘fiscal and competitiveness

pact’ to increase revenues and foster job creation. Despite the crisis his government

subsequently faced over widespread corruption (that ended in his removal from power), it

should be noted that these three inter-institutional priorities remain relevant.

General (presidential, legislative and local) and PARLACEN elections took place in

Guatemala on 6 September, followed by a second round of the presidential election on

the 25 October 2015, in the context of an unprecedented institutional crisis and social

distrust of political elites. A large majority of Guatemalan people elected Mr Jimmy

Morales as president, and he has announced that he will prioritise four areas: health and

food security, education, development opportunities and promotion of business

development. A key cross-cutting issue of President-elect Jimmy Morales will be the

fight against corruption.

The continuity of the actions undertaken and political priorities for the years to come will

depend on Jimmy Morales’ new government that will formally take office on 14 January

2016 and on the new majority in the Congress. It is possible that reforms called for by the

population (including reforms to electoral law, judiciary, civil service and public

procurement) will form part of the next government’s agenda.

Conclusions

In the period 2014-2015, Guatemala made efforts and progress in the implementation of

human rights conventions. In particular, Guatemala has made progress on addressing

gender violence (the country gained 25 ranks in the Gender Equality Index in 2014),

criminality (homicide and criminal acts lowered, important cases of corruption were

revealed), child mortality issues and transitional justice.

At this important turning point, it is now important for Guatemala to step up efforts to

address the remaining challenges. These include: strengthening the independence of the

judiciary; enhancing democratic security; adopting a policy for human rights defenders;

creating inclusive mechanisms for the consultation of indigenous communities; adopting

concrete measures for strengthening transparency and fighting violence against women;

and last but not least promoting structural reforms to address the root causes of violence

and poverty.

Finally, it is important that the government complements the progress reported in terms

of processes (adoption of policies, legal and regulatory frameworks, protocols, etc.) with

examples of concrete implementation and tangible outcomes.

157

9.2.2. ILO Labour Rights Conventions (conventions 8-15)

Status of ratification and reporting

Guatemala has ratified all eight ILO core labour standards, and maintains ratification.

Guatemala has complied with all its reporting obligations under these conventions.

Further details can be found in the annex.

Status of implementation of the conventions

Freedom of association (Convention 87)

For many years, the ILO Committee of Experts on the Application of Conventions and

Recommendations (hereinafter referred to as Committee of Experts) has raised important

questions related to the application of Convention 87 on freedom of association.

Guatemala has been reviewed for 16 consecutive years by the Committee of Experts,

including in 2015. As of June 2015, there were 17 active cases and seven cases to follow

up on Guatemala in the ILO Committee of Freedom of Association. Moreover,

Guatemala’s compliance with provisions of the conventions has been discussed several

times as a country case at the International Labour Conference, including in June 2015.

At the International Labour Conference (ILC) in June 2012, trade union delegates filed a

complaint under Article 26 of the ILO Constitution concerning non-observance by

Guatemala of the fundamental Convention 87. The complaint highlighted the dire

situation of trade unions in the country, with murders, threats and acts of violence against

trade unionists and a general climate of impunity. There are 58 murders of unionists that

remain unsolved. Since the complaint was declared receivable in November 2012, the

ILO Governing Body has examined the case of Guatemala twice a year in March and

November to decide on the establishment of a commission of inquiry, which is the ILO’s

highest-level investigative procedure.

In response to this, in March 2013, a Memorandum of Understanding was concluded

between the workers’ group of the ILO Governing Body and the government of

Guatemala. In October 2013, the Government of Guatemala, in consultation with the

national social parties, adopted a ‘roadmap’ with a view to accelerating the

implementation of the memorandum. In September 2014, an ILO high-level mission

visited Guatemala on the follow-up to this ‘roadmap’, underlining four urgent needs:

investigation of crimes against trade unionists, adoption of measures to protect trade

union officials, legal reforms to align national legislation with ILO conventions and

launch of an awareness raising campaign on freedom of association.

Positive developments can now be observed in the country, such as the actions taken for

effective investigation and prosecution of crimes against trade unionists, the increase in

the number of trade union officials covered by state protective measures and the training

activities organised, with ILO support, for various public institutions. These are also

detailed in the government’s May 2015 response to the GSP+ scorecard.

Other areas of progress include the setting up of a hotline for reporting acts of violence

and threats against trade union officials, the launching of a wide-scale awareness-raising

campaign on freedom of expression and the work of the Conflict Resolution Committee.

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However, discussions at the ILC in 2015 have shown that important shortcomings

remain. Violation of freedom of association continues to take place, and according to the

worker members at the ILC, 16 trade unionists were assassinated in 2013 and 2014. The

investigation of these murders brought limited results. Thus, the government was asked

to apply the roadmap to combat violence and impunity, to strengthen the Unit for Crimes

against Trade Unionists, reinforce the programme to protect trade unionist and allocate

additional financial resources and to ensure trainings for investigators and prosecutors.

Discussions at the ILC and the most recent comments by the Committee of Experts have

underlined the need to bring various aspects of domestic legislation into conformity with

the convention, including the requirements for forming industrial trade unions, the

conditions for election as a union leader, and the exclusion of various categories of public

workers from the right to organise.

Certain practises of trade union registration should also be abolished. These include

referring the list of trade union founders to the employer, or denying trade union

registration because membership includes public employees on precarious contracts.

Finally, serious problems are observed regarding the application of the convention in

relation to trade union rights in the maquila sector (export-processing zones) and in the

sugar industry as reported by a document issued in 2015 by the National Federation of

Christian Trade Unions in the Netherlands, Fairfood International and the Central

American Institute of Social Studies.

Right to collective bargaining (Convention 98)

In years past, the Committee of Experts frequently requested the government push

through the necessary procedural reforms to deal with anti-union discrimination and the

slowness of the labour justice system. In its latest report, published in 2015, the

Committee of Experts noted once again that trade union organisations have continued to

report significant judicial delays with regard to anti-union acts. The Committee of

Experts also highlighted several cases of workers, dismissed on trade union grounds,

waiting years for reinstatement orders to be examined by the Appeals Court. While the

Committee of Experts noted some steps being taken to speed up the system of labour

justice, it also requested the government to take particular measures to significantly

reduce the time taken to effect reinstatements.

Previously, the Committee of Experts had noted the low number of collective agreements

in the private sector. Responding to the latest questions of the ILO experts, the

government indicated that a total of 80 collective agreements were approved from 2011

to May 2014. No collective agreement has been approved in the maquila (export-

processing) sector since 2013. The rate of approval of collective agreements is still

decreasing, and the Committee of Experts noted with concern the very low number of

collective agreements and the lack of collective bargaining in the maquila sector.

However, the Committee of Experts welcomed Guatemala’s establishment of the

Committee for the Settlement of Disputes relating to Freedom of Association and

Collective Bargaining. It trusts that this body, which is of a tripartite nature and directed

by an independent mediator, will contribute towards settling the numerous cases of anti-

union discrimination and obstruction of collective bargaining reported.

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The Committee of Experts also noted with concern the large number of violations of the

convention within the municipalities.

Forced labour (Conventions 29 and 105)

In its report to the ILO, the government indicated that Guatemala is a source, transit and

destination country for victims of trafficking and sexual exploitation, due to its history

and geographical location. Statistics provided by the government on the number of cases

of trafficking in persons between 2004 and 2011 show that trafficking is increasing.

Measures to address this situation include the national strategic action plan 2007-2017

and the creation of the State Secretariat against Sexual Violence, Exploitation and

Trafficking in Persons (SVET). This is the authority coordinating the various state bodies

involved in combating trafficking in persons. Guatemala has also set up an inter-

institutional committee against trafficking in persons, and introduced a specialised

combat team within the public prosecutor’s office.

As regards legislative alignment with provisions of Convention 105, the Committee of

Experts urged the government, most recently in its 2013 report, to adopt the necessary

legislative measures to ensure that nobody who peacefully participates in a strike or

breaches labour discipline may be penalised by a prison sentence involving compulsory

prison labour.

Worst forms of child labour (Convention 182) and minimum age for

work (Convention 138)

The Committee of Experts has expressed concern at the large number of children in

Guatemala who work and who are below the minimum age for admission to employment

or work. The committee has again urged the government to intensify its efforts to

eliminate child labour, and to strengthen the capacity and reach of the Labour

Inspectorate, in order to prevent and combat child labour.

According to statistics based on the 2011 results of the National Study of Living

Conditions in Guatemala (ENCOVI), 13.4 % of children between 7 and 14 years of age

are engaged in economic activity (8.4 % of girls and 18 % of boys in this age group). The

agricultural sector is the branch of economic activity with the most child workers

(68.3 %), followed by services (18.3 %) and manufacturing (12 %). The 2010 UNICEF

statistics indicate that 21 % of children between the ages of 5 and 14 are working.

The Committee of Experts noted that the government has developed an action plan which

outlines detailed measures to implement the ‘roadmap’ to ensure that Guatemala is free

from child labour and its worst forms. The Committee of Experts took noted the results

of the

Mi Familia Progresa

programme.

As regards the worst forms of child labour, the Committee of Experts observed in its

2014 report that no sanctions appeared to have been applied for the crime of trafficking

of children between 2008 and 2009. The Committee of the Rights of the Child also

expressed concerns at the lack of convictions for sexual exploitation. The Committee of

Experts expressed concern at allegations of complicity between law enforcement officials

and human traffickers. It therefore urged the government to ensure that thorough

investigations and robust prosecutions are carried out against the perpetrators of

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trafficking of children under 18 years for commercial or sexual exploitation, and of

officials who are complicit in such acts.

Moreover, the Committee of Experts asked the government to protect children of

indigenous peoples. These children are frequently the victims of exploitation, and of the

worst forms of child labour.

Elimination of discrimination (Conventions 100 and 111)

For many years, the Committee of Experts has referred to the discriminatory practice of

requiring pregnancy testing and dismissing pregnant women in the maquila (export-

processing) sector and the public administration. Given that this is a serious form of

discrimination, the Committee of Experts requested the government to take urgent and

concrete measures, including legislative measures, to secure effective protection for

women against discrimination based on pregnancy in access to employment and retention

of jobs, and against reprisals for reporting such discrimination.

According to the government under the

Mi Familia Progresa

(progress for the family)

programme there has been an increase in school enrolment and attendance for children

living in poverty, including for indigenous children. Nevertheless there is a need to

continue to adopt concrete measures on education and access to employment for

indigenous peoples, in order to reduce the disparity between indigenous and non-

indigenous persons regarding employment, occupation and conditions of work.

Lastly, the Committee of Experts requested the government take measures to raise

awareness among judges, lawyers, labour inspectors and other bodies responsible for

monitoring and enforcing the relevant provisions, and to ensure that appropriate

sanctions and remedies are provided.

The Committee of Experts also urged the government to amend its legislation in order to

ensure that the principle of equal remuneration for men and women for work of equal

value is respected.

Future actions and priorities

In conversations with the EUDEL held in October 2015, the Ministry of Labour of the

interim Maldonado government (September 2015 – January 2016) set out clear priorities

for tackling labour issues in the country. These included tackling stigmatisation of trade

unionists; following up the investigation of cases of murders against trade unionists;

promoting amendments to the labour code in line with ILO proposals; strengthening the

mandate of labour inspectors; reducing barriers to trade union registration; strengthening

transparency within the Ministry of Labour; and strengthening tripartite dialogue

promotion at a national level.

The continuation of these priorities, including legislative reforms, will depend on Jimmy

Morales’ new government that will take office in January 2016 as well as the new

Congress.

Conclusions

Guatemala has taken several measures to improve effective implementation of the ILO

core labour standards, namely: strengthening the investigation and prosecution of

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crimes against trade unionists; implementing measures to better protect trade unionists

or the adoption of several roadmaps; and implementing action plans to address child

labour and forced labour.

Nevertheless, several shortcomings need to be urgently addressed, including the need for

further action to combat violence and impunity, in order to ensure that adopted plans

and roadmaps translate into solid results. Guatemala should also effectively implement

legal reforms and improve the coverage and functioning of collective bargaining and

address anti-union discrimination. Guatemala should fully implement the ‘roadmap’ on

fundamental conventions and continue cooperating with the ILO, social partners, the EU

and other partners.

9.2.3. UN Conventions on Environmental Protection and Climate

Change (conventions 16-23)

Status of ratification and reporting

Guatemala has ratified all major international conventions on environmental protection

and climate change, and maintains ratification.

Guatemala ratified the Convention on International Trade in Endangered Species of Wild

Flora and Fauna (CITES) in 1979. Guatemala submitted its Annual Report for 2013 in

April 2015. It intends to submit its biennial report 2013-2014 by the end of October

2015. The biennial reports for 2009-2010 and 2011-2012 are prepared and awaiting

authorisation.

Guatemala ratified the Basel Convention on the Control of Trans-boundary Movements

of Hazardous Wastes and their Disposal in 1995. Guatemala has submitted the required

annual reports for 2012 and 2013, but not for 2007 to 2011.

Guatemala ratified the Convention on Biological Diversity (CBD) in 1995 and is

compliant with its reporting requirements.

Guatemala ratified the Cartagena Protocol in 2004. It has not submitted its first national

report, but submitted its third national report in 2015.

Guatemala is also a party to the major international climate change conventions, and is

compliant with all reporting obligations. It ratified the Montreal Protocol on Substances

that Deplete the Ozone Layer in 1989, the UN Framework on Climate Change in 1995,

and the Kyoto Protocol in 1999.

Status of implementation of the conventions

Convention on International Trade in Endangered Species of Wild Flora

and Fauna (CITES)

No specific problems have been reported on the implementation of CITES by Guatemala.

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Guatemala has launched two projects to develop strategies to promote sustainable

management and conservation of endangered timber species. A further project seeks to

assess the effects of forest management on the genetics of species harvested in Biosphere

Reserve Maya. Guatemala has also developed a national strategy for conservation of the

Guatemalan fir. Moreover, a manual of procedures for international trade of forest

species has been developed to regulate the commercial management of species included

in the CITES agreement as well as all traceability measures to guarantee the custody

chain and the customs controls.

On the protection of endangered fauna species, two projects are taking place on a

national and regional level (conservation plans and conservation strategies). Guatemala’s

general hunting law and hunting calendar prohibit hunting endangered flora species.

All commercialised plants and fauna species are reproduced in nurseries registered with

the CITES Management Authority. Fauna species are commercialised to a very small

extent, lately solely green iguana.

Other recent progress has included:

•

developing a management system for CITES permits/certificates;

•

fully inspecting all wood that is traded internationally;

•

strengthening the environmental judicial system;

•

improving the security of the documents supporting the transport of timber from

protected wildlife areas, to reduce document falsification;

•

implementing an electronic system containing information on authorised exports, to

strengthen monitoring of the custody chain.

However, Guatemala has mentioned several limitations hampering the implementation of

the convention. These include: a lack of staff and frequent rotation, a lack of trained

personnel for implementation of CITES, insufficient budget and logistical support, a lack

of financial support for the participation of delegates in meetings, a lack of resources for

scientific and technical projects to provide necessary data, and a lack of computer

systems to allow better control of the custody chain.

Guatemala’s priorities to strengthen the implementation of CITES include:

•

developing a digital platform for procedures of non-timber flora and CITES and non-

CITES fauna;

•

developing and implementing a national strategy for the conservation of tree species

included in the appendices of CITES;

•

strengthening forensic wood identification to support the justice system Guatemala,

and improving links between the Forensic Wood laboratory and similar laboratories

worldwide.

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Basel Convention

According to the database of the Basel Convention for national reporting, Guatemala

submitted its national reports for 2012 and 2013.

Guatemala has ratified the Basel Convention Ban Amendment. The amendment was

published in New York and signed by the President of the Republic of Guatemala in

2013. Since then, Guatemala has reported on enhanced control of export of hazardous

waste as well as 10 trans-boundary movements.

Guatemala has reported to the Basel Convention that the legal framework that directs the

management is the National Policy for the Environmentally Sound Management of

Chemicals and Hazardous Waste in Guatemala. This includes the initiatory ‘Law for the

Management and Integral Managing of Residues and Waste’, which was presented to the

Commission of Environment, Ecology and Natural Resources of the Congress of the

Republic. This covers trans-boundary movements of hazardous wastes.

Convention on Biological Diversity

There were no salient shortcomings identified in Guatemala in 2014-2015 as regards the

implementation of the Convention on Biological Diversity, although biodiversity loss has

not been halted, and concrete measures to implement the convention should be

strengthened.

Guatemala has ratified the Nagoya Protocol and is currently working on its

implementation. Guatemala has also prepared and approved a National Policy on

Biosafety of Living Modified Organisms. It also continues to include biodiversity in

formal and informal education through the national policy on environmental education.

The System of National Accounts now includes more elements of biodiversity and

progress has been made in the management of invasive alien species through the

establishment of a list of exotic species, assigned to different categories according to

their invasive potential and has proposed a regulation to this list. Furthermore, Guatemala

noted that their work on biodiversity is linked to their national policy on biodiversity,

national strategy on biodiversity and plan of action for the period 2012-2022.

As for priorities for this period, Guatemala informed about the aims to obtain approval

and begin the implementation of regulations for the management of alien species in

Guatemala, and continued implementation of the Nagoya Protocol and the national

biodiversity strategy.

Stockholm Convention on persistent Organic Pollutants

The Ministry of Environment and Natural Resources coordinates Guatemala’s

implementation of the Stockholm Convention. Guatemala has prepared a national

implementation plan involving projects carried out under the EU-Guatemala Association

Agreement. Much of this implementation is expensive, and relies on international

support.

More than 100 workshops have been carried out, and information and teaching materials

have been developed. The inventory of obsolete pesticides has been updated, following

work on specific diagnostic issues.

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Guatemala has not submitted its first national report, as it claims that it had no obligation

to do so as it had not yet ratified the convention (which happened in 2008). Guatemala

submitted its second and third national reports in 2010 and 2014 respectively.

Guatemala’s priorities for implementing the Stockholm Convention are completing the

activities under the national implementation plan, strengthening the legal framework on

the regulation or prohibition of new persistent organic pollutants, and developing a more

appropriate regulatory framework for the management of some persistent organic

pollutants.

Convention on Biosafety (Cartagena)

Guatemala has no salient shortcomings on the Cartagena Protocol on Biosafety, and has

fully met its reporting obligations. This is confirmed by the report of the Compliance

Committee in 2014. Guatemala submitted its 3rd National Report in 2015.

The 2nd National Report noted that only a draft regulatory framework existed in 2011,

although a proposal for a Safety Act of Modern Biotechnology for Guatemala was at that

point undergoing the legislative process. This proposal was prepared by the National

Council for Protected Areas, as part of the ‘Development of the National Framework for

Biosafety to Guatemala (2002-2004)’ project. This received support from the Global

Environment Facility (GEF) and the United Nations Program for Environment (UNEP).

Conventions on Climate Change

Guatemala is a party to all climate change conventions.

Guatemala has no salient shortcomings on the Montreal Protocol on Substances that

Deplete the Ozone Layer. In 2013, Guatemala had a minor non-compliance in the area of

HCFC consumption. However, Guatemala was expected to be in compliance in its 2014

reporting.

Guatemala submitted its first and only national communication to the UNFCCC in 2002.

Its first Biennial Update Report has yet to be submitted.

Compliance with the UNFCCC at the national level is driven by the

Consejo Nacional de

Cambio Climático

(National Council of Climate Change), created by Decree 7-2013

(Framework Law on Climate Change) and composed of government agencies,

universities, indigenous peoples, farmers, the private sector and NGOs.

In September 2015 Guatemala submitted its Intended Nationally Determined

Contribution (INDC) to the 2015 Climate Agreement, which contains a GHG emission

reduction target of 11.2 % — and conditionally 22.6 % — in 2030 relative to the

business-as-usual scenario. The INDC also contains an adaptation component, as well

information on the country’s political programs, legal frameworks and strategies for the

implementation of targets. The INDC’s contributions have been incorporated into the

country’s National Development Plan-KATUN 2032.

Conclusions

Guatemala has a generally strong record of reporting on the conventions on

environmental protection. However, Guatemala should seek to ensure that it complies

165

with the reporting requirements on the Cartagena Protocol and the Stockholm

Convention.

Despite a lack of staff and resources, Guatemala has made noticeable and significant

progress on implementing all the conventions on environmental protection. In general,

legislative and institutional frameworks have been set up to enable concrete actions, and

various projects are ongoing or being planned to implement the conventions. The EU

encourages Guatemala to pursue its efforts and ongoing initiatives to further improve the

implementation of these conventions; in that regard, the EU would welcome more

information on the timeline for the adoption of these various initiatives

Guatemala complies with the UN conventions on climate change, and has a strong

legislative and institutional framework for tackling climate change. However, the EU

would welcome further information on Guatemala's intentions to fully implement the

conventions.

9.2.4. UN Conventions on Good Governance (conventions 24-

27)

Status of ratification and reporting

Guatemala has ratified the three UN conventions on drugs control, and maintains

ratification. It ratified the UN Convention against Psychotropic Substances in 1967, the

UN Convention against Illicit Traffic in Narcotic Drugs in 1979, and the UN Convention

against Illicit Traffic in Narcotic Drugs and Psychotropic Substances in 1991.

As of January 2015, Guatemala was compliant with all requests for monitoring

information from the monitoring body of the three core UN conventions on fighting

illegal drugs (International Narcotic Control Board — INCB).

Guatemala ratified the United Nations Convention against Corruption (UNCAC) in

November 2006. Since then, it has not yet faced any reporting requirements. The

executive summary of the monitoring body's latest review (the UNODC Implementation

Review Group) has been publicly available since October 2015.

Status of implementation of the conventions

UN conventions fighting illegal drugs

Guatemala issued two reports in 2015 which provided key analysis and recommendations

on its drugs problem: (i) the report of the Presidential Commission about Drugs

presented to the President on 19 Aug 2015 and (ii) The National inquiry on Drugs led by

SECCATID (the Executive Secretary Commission against Addictions and the illicit

traffic of Drugs) on 9 September 2015.

Narcotics trafficking and associated criminal violence is a significant issue for

Guatemala. Guatemala, like several other countries in Central America, must cope with a

high level of criminality, insecurity and impunity, which are considered to be the main

166

concerns of its citizens. Guatemala is a minor, but growing, producer of opium poppy.

Some illicit manufacture of amphetamine-type stimulants has also recently emerged.

Generally, Guatemala has publicly prioritised combating narcotics trafficking. In 2014, it

achieved notable successes in its efforts to address salient shortcomings, and its efforts to

comply with the international drug control conventions. In particular, in 2014, Guatemala

made significant progress on addressing illicit poppy cultivation, monitoring

pharmaceutical preparations and controlling distribution mechanisms.

In 2010, INCB, the UN’s monitoring body, reviewed Guatemala’s compliance with the

three UN conventions on drugs control. Successive reports in 2012, 2013 and 2014

identified shortcomings in relation to the illicit cultivation of opium flower; the

monitoring of pharmaceutical preparations and the need to address the increased

influence of powerful drug cartels.

Since the INCB’s monitoring, Guatemala has increased its efforts to comply with the

conventions, particularly on law enforcement. These efforts include:

•

expanding the drug control functions of the Ministry of Interior, and establishing a

legal framework to exercise those functions;

•

strengthening the counter-narcotics analysis and information division of the national

civil police;

•

authorities now regularly use the PEN Online system;

•

establishing a committee on precursors in January 2012, and establishing a unit for

monitoring precursors and chemical substances in 2013;

•

a greater presence of security forces and better technology has helped Guatemala

increase its eradication of opium poppies;

•

in 2014, Guatemala began using a GPS system to measure eradicated hectares,

increasing the accuracy of reporting.

Guatemala is also contributing to international efforts on alternative ways to combat drug

trafficking. In 2014, it increased its public awareness efforts on the dangers of illegal

drugs and poppy cultivation across society, particularly among young people.

In addition, a Health Ministry project mapped 101 treatment centres across the country.

The majority of treatment centres fell short of Guatemalan government requirements. In

2014, a programme to train and certify treatment providers was launched in cooperation

with the Secretariat for the Commission against Addictions and Drug Trafficking

(SECCATID).

Guatemala has also investigated the increasing influence of powerful drug cartels in the

‘maras’. The government confirms that there are currently no records of any

relationships between illegal activities of the ‘maras’ and drug trafficking. However, the

government recognises that there may be specific cases in which there are links between

‘maras’ and drug-trafficking organisations.

The annual report of the International Narcotics Control Board (INCB) in 2014 noted that

illicit cultivation of opium poppy in Central America was becoming of increasing

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concern, with such cultivation increasing in particular in Guatemala. Furthermore, the

report also noted a lack of progress on areas on which the INCB had previously made

recommendations, such as the introduction of reliable data-processing systems for the

control of licit activities involving internationally controlled substances, the issue of

availability of opioids for the treatment of pain, as well as the prevention of drug abuse

and the treatment and rehabilitation of drug-dependent persons.

UN Convention against Corruption

In coordination with CICIG, the Prosecutor General´s Office presented a series of

unprecedented criminal cases against high level public officials for corruption during

2015, implicating members of the legislative, executive, judiciary and civil service.

These constitute landmark cases in the fight against corruption. Incoming President

Jimmy Morales has also pledged to prioritise the issue over the coming years.

On the normative front, the Presidential Commission on Transparency and Electronic

Government (COPRET) is the institution responsible for coordinating actions to comply

with the UNCAC. COPRET has reported several achievements in recent years. These

include, in November 2012, approval of the Law against Corruption (Decree 31-2012).

This law modifies several articles of the Penal Code, the Law against Organised Crime

and the Law to Seize Assets Obtained with Illicit Resources.

Guatemala has also created the so-called Technical Working Group of Higher Oversight

Institutions (Mesa

Técnica de Órganos de Control Superior).

The group includes the

Judiciary, the Public Prosecutor’s Office, the Supreme Audit Institution and other public

institutions, and promotes good practice to prevent corruption.

In August 2014, they filed the country self-assessment through the Omnibus Survey

Software, which assessed national legislation for compliance with the UNCAC.

Conclusions

Guatemala has made important progress since 2014 to address a number of

shortcomings on drugs policy in particular on illicit poppy cultivation, monitoring

pharmaceutical preparations and precursors, the launching of measures on prevention

and the improvement of health treatment. Tackling illegal drugs has clearly been made a

public priority. However, the increasing influence of drugs cartels continues to be a

challenge for law enforcement authorities. Moreover, several of the shortcomings

highlighted by the INDC would benefit from greater attention from Guatemala –

including strengthening data-processing systems, and the treatment and rehabilitation of

drug users.

On the UNCAC, Guatemala has made significant judicial progress and some legislative

progress, setting up an oversight body to coordinate anti-corruption efforts. The EU

would welcome further information on the concrete actions taken and planned to further

tackle corruption.

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9.3.

Trade and Economy

9.3.1. Trade Picture

Guatemala’s exports are focused on the food processing industry, including alcoholic and

non-alcoholic beverages, with a strong component of electrical appliances, paints and

pharmaceutical industries. According to the World Bank, the country has a GDP of

USD 58.728 million with an annual growth rate of 4.2 % for 2014, providing a GNI per

capita based on PPP of USD 7 190. Guatemala’s major business partners are the United

States, El Salvador and Honduras. This country imports mainly from the United States,

Mexico and China.

In 2014, Guatemala exported to the EU palm oil, coffee, crude oils, non-denatured ethyl

alcohol and peas totalling USD 895 million. Guatemala has eight Free Trade Agreements

with major partners, among them the Association Agreement between the European

Union and Central America, USA-Dominican Republic-Central America FTA (CAFTA-

DR), Central America-Chile FTA and Taiwan-Guatemala FTA.

As a result of the EU-Central America Association Agreement, provisionally applied

since August 2013, Guatemala will be removed from Annex II of the GSP Regulation

from January 2016. As consequences of this, Guatemala will also cease to be a GSP+

beneficiary.

9.3.2. GSP+ Statistics

Figures 9.1-9.3 below describe Guatemala’s utilisation of the GSP+, in the context of its

overall imports to the EU. The reduction in imports benefiting from GSP+ preferences in

2014 is a result of the alternative preferences available under the EU-Central America

Association Agreement.

Source for all statistics: Eurostat data, as of September 2015.

Figure 9.1

Guatemala - Imports to the EU, 2012-2015

Figures in thousand EUR

Total imports to EU

GSP+ eligible imports

GSP+ preferential imports

GSP+ utilisation rate

2012

573,061

281,240

255,929

91.00%

2013

610,600

397,223

350,222

88.17%

2014

685,734

342,628

26,755

7.81%

2015 (Q1-2)

404,921

155,959

6,374

4.09%

Trend 2012-

2014

19.66%

21.83%

-89.55%

-91.42%

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Figure 9.2

Figure 9.3

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10. Mongolia– GSP+ Assessment

10.1. Country Overview

In 2015 Mongolia celebrated the 25th anniversary of its first free and fair elections. Over

this period, Mongolia has consolidated its democratic system. While institutional changes

introduced since the 1990s seem irreversible and the overall political situation is stable,

progress is stalling due to a worsening economic situation, corruption, challenges in

governance and increasing political polarisation, along with a more challenging

international environment.

The next parliamentary elections in Mongolia are scheduled for mid-2016, with the next

presidential elections scheduled for mid-2017. However, the governing coalition is under

growing pressure — policy on foreign investment in mining sectors is a key divisive

issue.

In 2014, economic growth slowed to a 4-year-low rate of 7.8 %, down from an average

growth rate of 13.8 % over the period 2011-2013. The key drivers of the slowdown in

Mongolia are weaker economic activity in China and a decline in foreign direct

investment (FDI), along with lacklustre performance in non-mining sectors. The sharp

decline in FDI has exacerbated the country’s deteriorating balance-of-payments position.

Additional pressures are foreseen over the next few years, as large external debt

repayments are scheduled for 2017/2018.

A risk factor for Mongolia’s economy is its lack of diversification, being dependent on a

few export and import markets (China and Russia) and essentially on minerals, its core

industry. The mining sector accounts for one fifth of GDP and close to 90 % of total

exports, as well as 20 % of government revenue. The economy is therefore highly

vulnerable to the boom-bust cycles of the mineral market.

More than 90 % of all Mongolia’s exports go to China, whereas import from China and

Russia is more than 54 %. The EU ranks as the third largest (but distant) trading partner.

Mongolia is the EU’s 129th trade partner, accounting for less than 0.1 % of the EU’s

trade with the world.

10.2. Compliance with GSP+ Obligations

10.2.1.

UN Human Rights Conventions (conventions 1-7)

Status of ratification and reporting

Mongolia has ratified all the GSP+-relevant UN human rights conventions, without

reservations, and maintains ratification.

There is a clear improvement in the level of compliance with the reporting obligations to

the treaty monitoring bodies. Despite limited administrative resources and expertise, and

some delays, Mongolia fulfils its reporting obligations for all conventions other than the

International Covenant on Civil and Political Rights.

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Status of implementation of the conventions

In the period under consideration, Mongolia has undertaken a number of legislative and

policy measures to implement the GSP+-relevant human rights conventions, and to

disseminate information on human rights in the country. In general, the human rights

situation in Mongolia within the covered period has been improving. The overall

environment for civil society is good, and civil society organisations are active and

involved in shaping policies.

The National Human Rights Commission of Mongolia (NHRCM) prepared its 13th

report on human rights and freedoms in Mongolia in 2015. Moreover, Mongolia

underwent its second Universal Periodic Review (UPR) in May 2015. The main

recommendations of the 68 intervening delegations (including 20 EU Member States)

included: abolishing de jure the death penalty for all crimes, preventing and investigating

all allegations of torture, protecting women’s and children’s rights and ensuring full

respect of the right to freedom of expression. Mongolia was commended for its new

legislation on domestic violence and for the ratification of a number of major human

rights treaties (CAT-OP, CCPR-OP2-DP and CED). Mongolia pronounced itself on the

164 recommendations received ahead of the adoption of the report at HRC30 and

accepted 150 of these (which is a very high number). Its next review will be in January

2020. Mongolia will be at mid-point in January 2018.

Mongolia’s Independent National Human Rights Commission is considered objective

and independent. Recommendations in NHRCM reports are considered by the Parliament

and many then adopted as parliament or government resolutions. The NHRCM has been

granted ‘A’ status by the International Coordinating Committee of National Institutions

for the promotion and protection of human rights, which indicates full compliance with

the so-called Paris Principles on independent NHRIs (National Human Rights

Institutions). Mongolia was admitted as a full member institution at the Asia Pacific

Forum of National Human Rights Institutions (APF) in 2001. It hosted the APF’s

biannual conference and annual meeting in August 2015.

Mongolia is also active in promoting human rights regionally and globally. In 2012-2013

it held the presidency of the Community of Democracies. It became an OSCE member in

2012, and it hosted the 2015 Freedom Online Conference. Mongolia has been elected as

a member of the Human Rights Council for the period of 2016-2018.

Moreover, efforts continued to bring legislation in line with international human rights

obligations. In December 2015, Mongolia's parliament voted in favour of amendments to

the country's criminal code, which included abolition of the death penalty. Although the

full details of the amendments to the criminal code have not yet been established,

together with a new police law, they should also include provisions on improving

protection of witnesses and victims.

International Convention on the Elimination of All Forms of Racial

Discrimination

There are no salient shortcomings relating to the International Convention on the

Elimination of All Forms of Racial Discrimination (ICERD). Within its capacities,

Mongolia continues to undertake measures to prevent racial discrimination.

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International Covenant on Civil and Political Rights (ICCPR)

There are no systematic media restrictions. However, there are some reports of politically

motivated interference and cases of intimidation against journalists.

International Covenant on Economic, Social and Cultural Rights

(ICESCR)

There are no salient shortcomings relating to the International Covenant on Economic,

Social, and Cultural Rights (ICESCR). Although Mongolia’s GDP growth in recent years

has been remarkable, the level of poverty is slowly decreasing, and reached 27.4 % in

2012 (according to Mongolia’s official statistics). The current economic crisis may have

a negative impact on measures needed to fight poverty. Limited financial and

institutional resources, as well as particular conditions on the ground, limit the effective

implementation of ICESCR.

Convention on the Elimination of All Forms of Discrimination Against

Women (CEDAW)

Under CEDAW, Mongolia has seen progress regarding the elimination of discrimination

against women with a strategy developed by the National Committee on Gender Equality

to ensure the implementation of the Law on Gender Equality by 2022.

In 2013, the government approved a midterm strategy on implementation of the Law on

Gender Equality 2013-2016. The National Statistical Office, in collaboration with

ministries, developed 216 indicators for the purpose of systematic collection of gender-

disaggregated data, in areas including population, education, health, poverty, gender

based violence, labour, decision-making, governance, human rights, media, environment,

gender-sensitive planning and budgeting, gender index. The government is making

efforts to institutionalise the reporting on these indicators. From 2014, all government

agencies were requested to report according to these indicators. However, gender-based

discrimination, including gender-based violence, remains quite common. Domestic

violence is an acute problem.

The parliament adopted a law on combating domestic violence in 2004, with limited

success. Therefore, in April 2015, a new draft law on combating domestic violence was

submitted to the Mongolian parliament. Moreover, in the draft of the revised criminal

code, domestic violence was defined as a crime subject to a criminal punishment.

Convention against Torture and other Cruel, Inhuman or Degrading

Treatment or Punishment

There are still reports about torture and ill-treatment of detainees at police stations and

detention centres. At the same time, Mongolia has no independent mechanisms to

investigate allegations of torture, which should be established in line with the

requirements of the recently ratified OPCAT.

The Mongolian authorities have recently been restructured so that those accused of

torture are investigated by their peers. For example, the special unit in the state general

prosecutor’s office investigates acts of torture committed by law enforcement officials.

This arrangement hinders accountability for cases of torture and ill treatment committed

by law enforcement officials. In its recent UN-UPR, Mongolia received a number of

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recommendations encouraging it to establish an independent mechanism, including an

effective national preventive mechanism. Mongolia was also encouraged to adopt a

definition of torture as a crime in accordance with the relevant UN convention.

Moreover, efforts to bring legislation into line with international human rights

obligations continue with the revised Criminal Code adopted by the parliament in

December 2015. Reforms of the judicial system and law enforcement organisations

(including police and penitentiary personnel) have improved, however the level of

professionalism and independence is still insufficient.

Beyond these steps, considerable efforts has been undertaken in providing training,

education and raising public awareness, especially on preventing torture, rights of

suspects and prisoners and gender equality. However the real impact of those activities,

especially within law enforcing agencies, remains unsatisfactory. Limited

implementation and enforcement capacities remain the biggest culprit. In many cases,

legislation remains also vague, without a proper harmonisation within the legal

framework. Another important shortcoming is the lack of efficient mechanisms at the

working level to monitor legislation implementation and the lack of budget. This is

particularly relevant for programmes to protect victims of domestic violence or victims

of torture seeking compensation. Another issue is the lack of a mechanism to address

psychological violence.

In December 2015, the parliament voted to abolish the death penalty, as part of a range of

revisions to Mongolia's criminal code.

Convention on the Rights of the Child

Mongolia joined the Convention on the Rights of the Child in 1990. However, only

violence in educational establishments, rather than more widely, has been legally banned.

Currently, Mongolian law does prohibit the general corporal punishment of children.

However, on 11 May 2015, draft laws on children’s rights and on children’s protection

were submitted to the parliament. These are expected to be adopted by the end of 2015.

In addition, in April 2015, Mongolia

ratified the Third Optional Protocol to the Convention

on the Rights of the Child on a Communications Procedure (OP3 CRC). This enables

children to challenge violations of their rights committed by Member States.

Moreover, in conjunction with the new draft law on children’s protection, a bill on

children’s rights has been elaborated. This determines children’s rights as well as

responsibilities, and regulates the relations in power and duties of state organisations,

citizens and entities in ensuring children’s rights.

Further efforts have been made to address rights of children, especially those living in

vulnerable economic conditions. A number of children and family development centres

have been established mainly in Ulaan Baatar districts.

However, the rates of violence against children, economic exploitation of children, and

incidents causing death or severe injuries involving children are not declining. In some

cases, such incidents are rising.

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Future actions and priorities

There is an appropriate legal framework and in general the state authorities recognise and

are committed to furthering the application of human rights. It is part of Mongolia’s

strategy to adhere to democracy and market economy. The country needs assistance,

knowledge and expertise and in general it is welcoming recommendations.

Implementation and maintaining consistency between different government’s activities

and initiatives remains a problem. Close attention should be paid to the follow-up on

commitments already taken by Mongolia’s authorities, establishing a truly independent

mechanism to investigate cases of torture and ill treatment committed by law

enforcement officials. The implication of the new provisions in the revised criminal code

will be analysed. Pervasive corruption is another problem which undermines efforts to

address human rights and needs a close follow-up. Mongolia’s authorities should be

strongly encouraged to continue and implement reforms in order to combat this

phenomenon. Mongolia should be also encouraged and helped in voluntarily submitting

its mid-term UPR report early 2018.

Conclusions

In the period under consideration, Mongolia made overall progress, especially in

improving its legal framework in line with international human rights obligations,

institutional reform and efforts aimed at capacity-building and HR awareness-raising.

Mongolia has independent national human rights institutions and generally an enabling

environment for civil society. There is general commitment by the parliament and the

government to the protection and promotion of universal human rights standards. This

was confirmed by the adherence to additional human rights instruments, the general

compliance with international reporting obligations and the constructive participation in

the 2015 second UN-UPR.

The UN-UPR exercise addressed many of the remaining shortcomings, which are often

linked to the lack of capacity and funds and require further legislation and bolder steps

(e.g. the prosecution of all allegations of torture and ill-treatment as well as of domestic

violence and discrimination). The explanations provided regarding rejected

recommendations reveal that they still have issues with the competence of CERD and

CAT committees and give preference to the establishment of a national preventive

mechanism, namely by assigning this task to the NHRC of Mongolia. In December 2015

the EU and Mongolia agreed to launch Human Rights Dialogue. One of its objectives is

to enhance bilateral cooperation with a view to support Mongolia in its ratification of

and adherence to the international human rights conventions and instruments.

Finally, Mongolia is closely aligned with the EU in its negotiating and voting positions

in the United Nations human rights fora (HR Council as well as the UNGA 3rd

Committee). It is active in its region and beyond to foster the advancement of human

rights and democracy.

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10.2.2.

ILO Labour Rights Conventions (conventions 8-15)

Status of ratification and reporting

Mongolia has ratified all eight ILO’s fundamental conventions, and maintains

ratification.

Despite the government efforts in responding to the official comments and observations

made by the ILO in 2014 and 2015, as well as answering to the GSP+ scorecard by April

2015, the country has persistent problems with meeting its reporting obligations,

including on the fundamental conventions. This is partially due to the relatively recent

creation of the Ministry of Labour in 2012 and the enlargement of its mandate.

Moreover, the ministry has been particularly affected by the various political changes

during the observed period. The leadership instability reduces the capacities of the

ministry to implement reforms and to properly report under the conventions.

Status of implementation of the conventions

Freedom of association and collective bargaining (Conventions 87 and

98)

The Mongolian Constitution and both the Law on the Rights of Trade Unions and the

Labour Law guarantee workers the right to establish trade unions to protect their legal

rights and interests, and make agreements on the basis of trade union association. These

laws do not contain any provisions preventing certain groups of workers from associating

with trade unions and making collective agreements. However, the Law on Public

Service states that public servants are prohibited from participating in the activities of

political, non-governmental and religious organisations in respect of issues not related to

their official duties, as well as taking part in strikes directed to disrupt the normal

activities of public organisations.

Nevertheless, the National Human Rights Commission of Mongolia (NHRCM) outlined

in its 14th Report on Human Rights and Freedoms in Mongolia (2015) that, according to

participants of the study “Operational guarantee of the human rights defenders working

in trade unions”, employers show defiance for the work of trade union members and

make attempts to dissolve trade unions. The participants of the study pointed out that

employers have negative views and cause various issues such as discriminations,

pressure, obstacles in organising demonstrations, attempt to influence in decision-making

process and reluctance to understand the activities of elected officers.

As regards assessment of the implementation of the conventions, Mongolia did not

provide the ILO with a report on Convention 87, a report which was due in 2014. In its

previous comments, the ILO Committee of Experts on the Application of Conventions

and Recommendations (CEACR) has noted that the labour code provides that a strike

organised as a result of a collective labour dispute must be considered illegal if the strike

has been organised in connection with matters not related to relations regulated by the

collective agreement.

In these circumstances, the Committee of Experts requested the government to confirm

whether, under the labour code or the constitution, trade unions can use strike action to

support their position in the search for solutions to problems posed by major social and

economic policy trends and have recourse to sympathy strikes.

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The Mongolian Employers’ Federation is currently discussing the draft Law on the Legal

Status of Employers. For the first time in Mongolia, it will establish a legal framework for

employers to form associations to engage with other parties, such as trade unions,

professional associations, state bodies, NGOs, and individuals. Under the draft, employers

have the right to establish and join employers’ associations without prior permission from

government authorities. The draft highlights the importance of the independence of these

employers’ organizations, which should be independent from political parties and religious

movements, representing the legitimate interests and protecting the rights of their members.

Forced labour (Conventions 29 and 105)

As regards enforcement of the domestic legislation and Convention 29, it has been noted

that the major part of cases of human trafficking is either dismissed by the courts in

Mongolia or considered as cases of prostitution and therefore related with lighter

sanctions.

Limited reporting on implementation of the conventions on the abolition of forced labour

by the Mongolian government limits the Committee of Experts’ possibilities to assess

whether existing national provisions are in line with the conventions. Thus the

Committee of Experts repeatedly requested further information from Mongolia, including

information concerning the rules of work for persons sentenced to prison labour and in

particular whether and under which conditions they can perform work for private

companies. Moreover the Committee of Experts has been asking the government for

several years to supply information on the kind of sanctions that may be applied for

participation in strikes declared unlawful analysis of these texts should enable the

Committee of Experts to assess whether the legislation in Mongolia is in line with the

convention.

There have been concerns expressed in the media over the situation of Democratic

People’s Republic of Korea (DPRK) workers in Mongolia. At this stage, the ILO has not

conducted any formal investigation into this issue. However, reports by the International

Trade Union Confederation, the US government (in its Trafficking in Persons Report)

and various human rights networks describe a pattern of employment that would amount

to forced labour.

A revised version of Mongolia's criminal code was adopted by the parliament in

December 2015. Although the full details of the amendments to the criminal code have

not yet been established, when drafting the code, the Ministry of Justice worked closely

with the ILO with the aim of improving provisions related to forced labour to bring them

in line with Conventions 29 and 105. The Ministry of Justice also considered best

practices from other countries, and sought advice and recommendations from NGOs and

citizens.

Minimum age for work (Convention 138) and worst forms of child

labour (Convention 182)

The Committee of Experts took due note in its 2015 report of Mongolia’s recent efforts

to adopt national programmes to combat child labour, but it also points to the lack of

sustainable investment in children’s rights, including a lack of funding, which hampers

implementation of the adopted programmes. According to statistical data provided by the

National Statistics Office on child labour in Mongolia from 2011 to 2012, 15.9 % of the

survey respondents were engaged in various forms of economic activity, 10 398 (i.e.,

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11.1 %) children were engaged in dangerous and difficult jobs. The committee therefore

urged the government to intensify its efforts to implement the national programmes and

plans, to ensure the progressive abolition of child labour.

Moreover, Mongolia should strengthen its efforts to ensure that the protections provided

under the labour code are extended to children working outside of a formal employment

relationship.

The Committee of Experts also encouraged Mongolia to amend the legislation to increase

the penalties for those employing children (in particular in hazardous conditions), as the

current level does not sufficiently deter breaches of the convention.

As regards the worst forms of child labour, the Committee of Experts expressed concerns

over the low number of convictions for trafficking of children and reports on the

increasing incidence of trafficking and exploitation of women and girls, the low rate of

prosecutions, and the high number of dismissed trafficking cases. Furthermore the

committee expressed concern over the increasing number of street children living in very

harsh conditions.

Another point of concern mentioned by the Committee of Experts to the high number of

children under the age of 18 involved as jockeys in horse racing, which may be harmful

for their health and safety. While Mongolia has taken measures to increase protection of

child jockeys (e.g. protective clothes), there remain a large number of incidents. Hence

the repeated call to ensure that those children younger than 18 years of age do not

participate in activities detrimental to their health and safety and to ensure appropriate

protection of the participants.

To address cases of the worst forms of child labour Mongolia adopted a national

programme for the elimination of the worst forms of child labour for 2011-2016. The

programme was set to eliminate the worst forms of child labour in all categories by 2016

through improving legal protections, increasing children’s access to healthcare and

education, and intensifying activities prohibiting, limiting and fighting the worst forms of

child labour.

Mongolia is implementing together with the ILO a range of projects to tackle child

labour, including two research projects, relating to child horse jockeys and child labour in

construction work.

Furthermore a survey is being conducted aimed to provide information on the economic

activities and working conditions of children. Moreover, Mongolia has adopted a range

of other national programmes and policies that aimed to remove children working in the

mining sector and rehabilitate them.

As regards crimes against children, Mongolia has appointed special investigators to deal

only in crimes related to children.

Concerning cases of child prostitution, Mongolia has amended its criminal code so that

penalties foreseen for offering a child for prostitution are now higher as penalties for

committing this crime against other persons. A development positively noted by the

Committee of Experts, as prior to the amendment the sentence imposed by the criminal

code for committing a crime involving a person under the legal age was lower than when

the crime was committed against other persons.

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In June 2015, the Minister of Labour submitted a revised draft of the Labour Law (1999) to

the parliament. The revised draft adopts the language of Convention Nos. 138 and 182 on the

minimum age for light work and the prohibition of the worst forms of child labour. It also

proposes a definition of “employment relationship” covering employees and employers in

both the formal and informal economy. The draft law also proposes to link the statutory

minimum age for admission to employment with the age of completion of compulsory

schooling, as an attempt to ensure that all children can complete compulsory education

before beginning work. The parliament is expected to consider the draft law by early 2016.

Elimination of discrimination (Conventions 100 and 111)

In 2011, the Parliament in Mongolia enacted the Law on Promotion of Gender Equality

(LPGE) to provide a legal framework to realise the equal rights of women and men. The Law

provides that men and women engaged in the same type and quality of work should receive

equal pay. However, statistical data shows that female workers continue to be paid less than

male workers in most sectors. While the concept of equal pay for equal work is widely

understood, the concept of equal pay for work of equal value is less commonly understood.

In order to implement the LPGE, a Mid-Term Strategy and Action Plan on the

Implementation of the LPGE (2013–2016) was launched in 2013. This seeks to mainstream

gender in policies and strengthen national capacities to implement the LPGE.

There is not yet a concrete measure to ensure that job evaluation is free from gender bias.

However, as of November 2015, a Mongolian version of the ILO manual

Gender-Neutral

Job Evaluation for Equal Pay: A Step-By-Step Guide

was under review. The Ministry of

Labour has approved the methods and principles of gender-neutral job evaluation for equal

pay, as outlined in the manual.

The Ministry of Labour and social partners have worked with the ILO to revise the Labour

Law to reflect the principles under Convention No. 100.

The current draft labour law

has

been amended to fully reflect the principle of equal remuneration for equal value work. It

addresses many of the issues previously raised by the Committee of Experts, including

the exclusion of women from certain occupations, restrictions relating to the inherent

requirements of the job, which allows for sex-specific job recruitment ‘based on a

specific nature of some workplaces such as in pre-school education institutions’, the

protection of workers with family responsibilities and protection against sexual

harassment.

The Cabinet considered the draft on 2 June 2015 and endorsed its submission to

the parliament. The parliament will consider the draft law by early 2016.

Future actions and priorities

The new ‘National Employment Policy’ (NEP), and the revision of the labour law is

under preparation. Its adoption by the parliament has been postponed due to the

reshuffling of the government end of 2014, but the parliament is expected to consider the

proposed revisions to the labour law by early 2016. The implementation of the NEP and

the revision of the labour law should address many of the salient shortcomings. The EU

will support its implementation, review, and evaluation. Mongolian Employers’

Federation (MONEF) and Confederation of Mongolian Trade Unions (CMTU) will also

be part of this process.

The EU-funded project called ‘Support to Employment Creation in Mongolia (SECiM)’

was signed in May 2015. A technical assistance (TA) to the Ministry of Labour should be

in place during the first semester of 2016. This technical assistance will assist the

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government in improving the functioning of the labour market and enhancing quality

employment.

Conclusions

As outlined above, Mongolia has ratified all eight ILO fundamental conventions and its

authorities have been taking steps to ensure alignment of the domestic legislation with

the conventions. To that end, legislative acts have been adopted or amended, such as the

Law on Combating Human Trafficking, Law on the Promotion of Gender Equality and

the Law on State Employment. However, further amendments will be needed, in

particular to the labour code.

The country has persistent problems with meeting its reporting obligations, including on

the fundamental conventions. Moreover, the Committee of Experts will need to analyse a

number of legislative acts in order to assess to which extent they are in line with the

conventions. Given that Mongolia did not provide full reports some of the conventions,

information on recent developments in this area, including an assessment by the ILO

supervisory system on legislative alignment, is partly missing.

Moreover, the labour inspectorate is lacking in capacity and data with which to carry

out and guide interventions.

However, the revisions to the criminal code adopted in December 2015 and the proposed

revisions to the labour law affirm Mongolia's commitment to aligning its labour

governance to international standards and norms. The EU will closely monitor the

binding undertaking given by Mongolia to observe the reporting obligations under the

relevant conventions.

10.2.3.

UN Conventions on Environmental Protection and

Climate Change (conventions 16-23)

Status of ratification and reporting

Mongolia has ratified all the GSP+ relevant conventions on environmental protection and

climate change, and maintains ratification.

Mongolia is non-compliant with is reporting obligations under CITES (Annual Report

for 2011, 2012, 2013, and 2014 due, Biennial reports for 2005-2006, 2007-2008, 2009-

2010, 2011-2012, and 2013-2014 due), the Basel Convention on the Control of Trans-

boundary Movements of Hazardous Wastes and Their Disposal (Annual reports for 2007,

2008, 2009, 2010, 2011, 2012 and 2013 due), the Cartagena Protocol on Biosafety (1st

and 3rd National Reports due), and under the Stockholm Convention on Persistent

Organic Pollutants (1st and 3rd National Reports due).

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Status of implementation of the conventions

The Ministry of Environment, Green Development and Tourism of Mongolia has re-

established the organising and working groups for the each convention ratified in the

field of environment and its protection by the decree of the minister in 2015. The focal

points and working groups are in charge of the inter-sectoral coordination,

implementation and reporting of each convention and its protocols at the national level.

Convention on International Trade in Endangered Species of Wild Flora

and Fauna (CITES)

Regarding the status of the proposal for a national regulation regarding the

implementation of CITES and the timing foreseen for the finalisation, adaption and

enactment of this proposal, Mongolia reported that a national programme on biological

diversity will be approved. Furthermore, focal points, scientific and working groups for

CITES are established and the national report on the convention implementation is

published. The national focal point will submit to the working and scientific groups the

action plan proposal how to integrate the activities in a holistic approach.

Mongolia’s national legislation was ranked as category 2 under the convention, which

means that it does not yet fully meet all the requirements for the implementation of the

convention.

Mongolia has also repeatedly failed to comply with its reporting obligations under

CITES. The CITES Secretariat reported in November 2015

that Mongolia had failed to

submit its annual reports for three consecutive years and, pursuant to CITES Resolution

Conf. 11.17 (Rev. CoP16), invited the CITES Standing Committee to consider the

adoption of a recommendation for the suspension of all trade in CITES products from

and to Mongolia at its 66th meeting in January 2016, which is the most severe

compliance measure under CITES.

Basel Convention

Mongolia is non-compliant with is reporting obligations under the Basel Convention on

the Control of Trans-boundary Movements of Hazardous Wastes and Their Disposal

(Annual reports for 2007, 2008, 2009, 2010, 2011, 2012 and 2013 due).

Mongolia reported that national level regulations and action plan still need to be

improved. Regarding the reasons for the lack of reporting, Mongolia explained that this is

due to the lack of resources.

In 2016, the Ministry of Environment, Green Development and Tourism of Mongolia

intends to conduct inventory of e-waste, chemical and hazardous waste.

Convention on Biological Diversity

There were no salient shortcomings identified in Mongolia in 2014-2015 as regards the

implementation of the Convention on Biological Diversity, although biodiversity loss has

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not been halted, and concrete measures to implement the convention should be

strengthened.

Stockholm Convention on persistent Organic Pollutants

Mongolia reported that the National Programme on Persistent Organic Pollutants was

approved in 2014 together with an action plan. Furthermore, capacity building trainings

are organised to the stakeholders both in public and private sectors. The Ministry of

Environment, Green Development and Tourism of Mongolia, in collaboration with donor

organisations, successfully conducted inventory on POPs and their containers.

Mongolia’s national programme on persistent organic pollutants has ambitious goals and

targets to secure the environment, health and human wellbeing. The national programme

is to be completed by 2030.

Of the three national reports that were required to be submitted by Mongolia under the

convention, it has only submitted its second report which was done in 2010. Mongolia

stated that the absence of the other reports was due to lack of the number of officials

working in the field, the time and inappropriate resource allocation.

Convention on Biosafety (Cartagena)

Mongolia stated in its 2nd National Report that domestic regulatory framework is

partially in place. Mongolia has one permanent biosafety staff in the National Biosafety

Committee, and government has allocated some budget for the committee. From May

2010, the Ministry of Nature, Environment and Tourism of Mongolia together with the

Global Environment Facility (GEF) and the United Nations Program for Environment

(UNEP) started the implementation of the Capacity Building for Biosafety

Implementation for Mongolia Project. In 2011, the National Biosafety Committee was in

the process of regulating the development regarding transit and contained use of living

modified organisms (LMOs).

According to Mongolia, the main challenges it faces in the implementation of the

protocol are the lack of general public understanding about LMOs; the lack of human and

technical capacity including laboratories; and the lack of domestic regulations and

guidelines. Risk assessment and risk management concepts are new to Mongolia, which

creates a challenge for the implementation of Articles 15 and 16 of the convention. The

institutional capacity exists but it is very limited. Lack of financial resources is the main

obstacle for a better implementation of the protocol.

Conventions on Climate Change

Regarding the implementation of the Montreal Protocol, an import licensing and quota

system is operational and will enable consumption reductions in line with the Montreal

Protocol’s phase-out schedule. A ban on the imports of HCFC-22 for use in extruded

foam manufacturing is in place. Activities for the servicing sector have been developed

with the participation of key stakeholders. Strengthening the training centres will ensure

the long-term sustainability of the activities under the hydrochlorofluorocarbon (HCFC)

phase-out management plan.

Mongolia ratified the UN Framework Convention on Climate Change (UNFCCC) in

1993 and the Kyoto Protocol in 1999. Mongolia submitted to the UNFCCC Secretariat its

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Second National Communication in 2010. It still needs to finalise and submit its First

Biannual Progress Report, which was due by the end of 2014.

Two national appropriate mitigation action (NAMA) projects, ‘National Energy Efficient

Lighting Program in Mongolia’ and ‘Transforming construction in Mongolia using

Supplementary Cementitious Materials’ were submitted to the UNFCCC NAMA registry

seeking support for the implementation.

On 24 September 2015 Mongolia submitted its Intended Nationally Determined

Contribution (INDC) to the 2015 Climate Agreement, which envisages a -14 % reduction

of GHG emissions by 2030 compared to BAU scenario, excluding land use, land use

change and forestry (LULUCF). Policies and measures that compose Mongolia’s INDC

related to the energy, industry, agriculture and waste sectors. Mongolia’s INDC also has

an adaptation component due to the country’s high degree of vulnerability to climate

change. It includes long and short-term adaptation visions, goals and targets and a

summary of quantified adaptation needs.

Climate change is also addressed by Mongolia’s 2010 National Action Programme on

Climate Change, endorsed by the parliament in 2011 and which includes concrete

measures in response to climate change covering all principal sectors of economy.

Domestic legally binding legislation addressing climate change includes the green

development policy (2014-2030), the state policy on energy (2015-2030), and national

agriculture development policy (2010-2021), among others.

Conclusions

Mongolia systematically fails to comply with its reporting obligations under CITES,

Basel and Stockholm Conventions, and its legislation does not fully meet the

requirements for the implementation of CITES.

Mongolia referred in its reply to the scorecard to a number of initiatives, but there are

no clear indications on the timeline for the implementation of these initiatives or clear

guarantee that they will achieve the required objectives. Mongolia needs to provide more

information and guarantees that it will take the necessary measures to effectively

implement the CITES, Basel and Stockholm Conventions, and the Convention on

Biological Diversity.

Mongolia complies with its commitments under the UN conventions on climate change. It

has developed a comprehensive National Action Programme on Climate Change, and is

developing a strong range of legislation to address climate change. Mongolia should be

encouraged to continue such actions, and ensure their full implementation.

10.2.4.

UN Conventions on Good Governance (conventions

24-27)

Status of ratification and reporting

Mongolia has ratified all GSP+-relevant conventions in the field of good governance, and

maintains ratification.

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Mongolia has not yet been appraised by the United Nations monitoring body (INCB).

As of January 2015, Mongolia was compliant with all requests for monitoring

information from the monitoring body of the three core UN conventions on fighting

illegal drugs (International Narcotic Control Board — INCB).

Mongolia ratified the UN Convention against Corruption in 2006. Monitoring is carried

out by the UNODC Implementation Review Group, which published the executive

summary of its most recent review on Mongolia in 2011.

Status of implementation of the conventions

UN Conventions fighting illegal drugs

Drug trafficking and abuse are not widespread in Mongolia, but continue to rise and draw

the attention of the government. The government of Mongolia continues to implement

the national programme for fighting narcotics and drugs adopted in March 2000. In

response to the GSP+ scorecard (issued on June 2014), no shortcomings were announced

by Mongolia.

Mongolia faces important challenges in combating narcotics trafficking due to weak

public institutions and a lack of resources. Mongolia has not yet established a national

programme and national committees on combating narcotic drugs and psychotropic

substances. The lack of techniques for detecting narcotic drugs and psychotropic

substances in Mongolian borders is also an important challenge.

The annual report of the International Narcotics Control Board (INCB) in 2014 noted that

while the abuse of and trafficking in narcotic drugs and psychotropic substances in

Mongolia are minimal, there are indications that Mongolia is being increasingly targeted

by drug traffickers. This is particularly the case for the diversion and manufacture of

ephedrine, from ephedra, which grows wild in Mongolia.

In the 2014 International Narcotics Control Board (INCB) report on precursors and

chemicals frequently used in the illicit manufacture of narcotic drugs and psychotropic

substances Mongolia was flagged for 2009, 2010, 2011 and 2013 as one of the

governments failing to report as required under Article 12, Paragraph 12, of the 1988

convention.

UN Convention against Corruption

Mongolia participated in the Pilot Review Programme. The executive summary of the

assessment is available publicly, but the full report is not. Mongolia is due to prepare a

self-assessment on Chapters II and V in the near future.

Corruption remains a major problem in Mongolia, though it has not worsened in in recent

surveys. The June 2015 Asia Foundation survey found that pessimism about corruption is

increasing among citizens. Referring to campaign financing, 53 % of respondents said

that campaign financing would not be ‘at all’ fair and transparent. Fall in voter turnout is

another indicator of importance in this context.

On 11 August, a new law was passed in a closed door session, without the presence of

the opposition parties, which would effectively grant amnesty to numerous politicians

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under investigation. This would include former President N. Enkhbayar. However, the

current president has partially vetoed the law. This veto will be discussed in

parliamentary session as according to the Mongolian constitution, the vetoed parts should

be annulled or amended.

No measures have been adopted with regard to Article 16 (bribery of foreign public

officials) and some measures adopted are incomplete, including with regard to Article 15

(bribery of national public officials). Moreover, according to the UNODC review further

legislative and regulatory improvements are needed, as well as institutional capacity

building.

On the positive side, discussions of the national anti-corruption programme are on-going,

after submission to parliament by the office of the president.

Conclusions

Mongolia faces significant challenges in combating narcotics trafficking due to weak

public institutions and a lack of resources. In particular, techniques for detecting

narcotic drugs and psychotropic substances should be strengthened. Mongolia is flagged

by the INCB as a country failing to report according to its obligations under the 1988

conventions on drugs. Further action to implement Mongolia's commitments under the

three UN conventions is required, including the development and implementation of a

national plan or national committee to fight illegal drugs.

A wide range of legislative and regulatory improvements are needed for Mongolia to

implement the UNCAC. In particular, the lack of measures on Articles 15 and 16 of

UNCAC remains a major problem. Other specific priorities might include increased

transparency in public service, public procurement, the judiciary, and business.

10.3. Trade and Economy

10.3.1.

Trade Picture

In 2014 Mongolian exports to the EU amounted to more than EUR 75.6 million. This

shows an increase in exports of almost 8 % in comparison with 2013. Mongolia’s main

export products to the EU are textile and textile articles (worth almost EUR 50 million,

or 66 % of total exports), mineral products, raw hides and skins, and other animal

products.

Mongolian exports eligible for GSP+ represent 24 % of overall exports to the EU (or

more than EUR 18 million), of which 82.5 % is actually utilised. GSP+ confers quite

significant preferential margins over other countries. For example pullovers made of

cashmere enjoy 0 % tariff from Mongolia instead of 15 % from China. In terms of actual

gains for Mongolia in 2014, exports eligible for GSP+ have increased by more than 16 %

in comparison with 2013. Figures show a high utilisation rate of the preferences: 82.5 %

of them have been exported with GSP+ preference (worth EUR 15 million). The

clothing, textile cashmere sectors are the main beneficiaries and users of the GSP+. The

entire clothing sector is eligible for GSP+ preferences. Hence, 97 % of it is traded under

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GSP+. Articles of leather, although a tiny portion of Mongolian exports (EUR 307 000),

are also all traded with the GSP+ preference, but not used to its fullest potential.

Despite the economic difficulties that the country is currently facing, this is an excellent

trend to be further encouraged, including by further help to the private sector to develop

its capacity to use GSP+.

Nevertheless, it is important not to forget that Mongolia’s economy relies essentially on

natural resources exploitation (such as mining of ferrous minerals, coal, rare earths), with

a high risk of ‘Dutch disease’. It depends on a few export and import markets (China and

Russia). The policy on foreign investment in mining sectors remains a key divisive issue.

Despite positive growth rate (especially significant in 2010-2012), economic prosperity

has not been inclusive and has not translated into a significant reduction in poverty.

Mongolia ranks 103 out of 187 countries in the 2014 Human Development Index.

Poverty is becoming entrenched, not only in rural areas, but also in urban centres.

10.3.2.

GSP+ Statistics

Figures 10.1-10.3 below describe Mongolia’s utilisation of the GSP+, in the context of its

overall imports to the EU.

Source for all statistics: Eurostat data, as of September 2015.

Figure 10.1

Mongolia - Imports to the EU, 2012-2015

Figures in thousand EUR

Total imports to EU

GSP+ eligible imports

GSP+ preferential imports

GSP+ utilisation rate

2012

67,034

13,441

12,496

92.97%

2013

69,952

16,051

14,212

88.54%

2014

73,280

16,876

14,482

85.81%

2015 (Q1-2)

41,355

5,763

4,242

73.60%

Trend 2012-

2014

9.32%

25.56%

15.90%

-7.70%

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Figure 10.2

Figure 10.3

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11. Pakistan– GSP+ Assessment

11.1. Country Overview

Pakistan is a culturally, economically and socially diverse and constitutionally complex

country, with a population of nearly 200 million people. The applicability of the

constitution and federal legislation and the jurisdiction of the Supreme Court (SC) vary

between the different geographic units that make up the federation, as does the ability of

provincial governments and authorities to respect, protect and promote human rights. For

example, the Supreme Court has no jurisdiction over Azad Jammu and Kashmir, Gilgit-

Baltistan and the federally administered tribal areas (FATA). Pakistan is facing

considerable political, economic and security challenges and has limited public financial

resources due to a narrow tax base and low taxation levels. It is prone to natural disasters

and has in recent years been the victim of several earthquakes and severe floods.

Following the adoption of the 18th Constitutional Amendment in 2010, substantial power

has been devolved to the provinces. This has created challenges, notably in terms of

legislation, coordination and reporting. Although the provinces have received greater

power in key areas for GSP+, their lack of capacity, including when it comes to

collecting relevant data and statistics, remains a cause for concern. Basic information,

such as the size of the population, the number of children going to school or the size and

composition of the work force, is missing, and a national census is long overdue. At the

same time, devolution offers opportunities to better adapt legislation and supportive

measures to specific needs and realities. The government has established a GSP+ task

force and treaty implementation cells (TIC) at federal and provincial level, with the task

of coordinating monitoring and implementation. Awareness of GSP+ varies between

provinces and sectors.

Pakistan is a fragile democracy, with the army ruling for more than half of the country’s

history. The year 2013 saw the first ever transfer of power from one democratically

elected government to another. Over the last years, Pakistan has suffered a lot, as it has

witnessed a deteriorating security situation, and the state and notably the military is

heavily engaged in a ‘war against terror’. Large-scale military and security operations

have been launched in FATA and Karachi. In the framework of the national action plan

to fight terrorism adopted after the terrorist attack against a school in Peshawar in

December 2014, the parliament has also adopted constitutional and legal amendments,

including a temporary widening of the mandate of military courts to try civilians accused

of terrorism, and a lifting of the moratorium on executions in place since 2008.

While the menace of terrorism and the decision to fight it create constraints and may shift

the attention to what some may consider to be more urgent issues, the need to respect,

protect and promote human rights remains as acute as ever. The civilian leadership must

be able to make the adequate policy decisions to ensure effective implementation of

international and domestic commitments. Legislation adopted to protect citizens from

violence and ensure the security of state institutions must not compromise human rights.

Respecting, protecting and promoting human rights can be an effective tool to address

root causes of extremism and militancy, e.g. by ensuring that all children, through access

to education, become aware of human rights issues and grow up with tolerance and

appreciation of plurality in terms of gender, ethnicity, nationality, religion or sexual

orientation. Both terrorism and the fight against it — through military operations in

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remote areas with little civilian oversight, poor and unequal rule of law, restrictions on

media freedom, and shrinking space for civil society or restrictions on the individual

rights of citizens — bring additional and specific human rights challenges that require

immediate attention.

Pakistan hosts a large number of refugees and is a country of origin and transit of

migrants to the EU. The EU-Pakistan Readmission Agreement has been in force since

December 2010. Pakistan and the EU are currently discussing strengthening their

cooperation to implement this Agreement.

11.2. Compliance with the GSP+ obligations

11.2.1.

UN Human Rights Conventions (conventions 1-7)

Status of ratification and reporting

Pakistan has ratified all seven HR conventions listed in Annex VIII of the GSP+

regulation, and maintains ratification (

). The Convention on the Prevention and

Punishment of the Crime of Genocide does not foresee country reports or a specific

monitoring mechanism. After some delays, Pakistan is now up to date with its reports on

CEDAW, CRC, ICCPR, ICESCR and CERD. Pakistan submitted its initial report on

CAT on 4 January 2016.

A cross-cutting issue, not restricted to human rights, is the poor implementation and

enforcement of legal safeguards provided for in the constitution and in domestic

legislation. Problems related to implementation are multifaceted and include prejudice

and entrenched stereotypes, for example on the role of women, running contrary to basic

human rights, the weakness of state institutions (notably the police and the judiciary), and

the legal uncertainties and capacity gaps emanating from the devolution of power

through the 18th Amendment. Altogether, this means that the work done to adopt new

legislation may not always translate into tangible improvement on the ground.

Status of implementation of the conventions

International Convention on the Elimination of All Forms of Racial

Discrimination (CERD)

The measures taken by the government to implement ICERD include, among others,

reserved seats for minorities in the senate, national and provincial assemblies and local

government, strengthening the National Commission for Minorities, establishment of an

independent national commission on human rights and inclusion of human rights

education in school curricula. However, given that curriculum development falls under

the purview of provinces, it is unclear to what extent measures to raise awareness,

In 2011, in the period leading up to the granting of GSP+, Pakistan withdrew significant

reservations on ICCPR (on Articles 6, 7, 12, 13, 18, 19 and 40) and on CAT (on Articles 3,

4, 6, 12, and 13). At the time of ratification, Pakistan made its accession to CEDAW subject

to the provisions of the Constitution (reservation to Article 29).

189

incorporating educational objectives of tolerance and respect with a view of achieving

true social cohesion — as recommended by CERD — have been taken.

International Covenant on Civil and Political Rights (ICCPR)

Serious concerns exist related to implementation of the

right to a fair trial

as enshrined

in ICCPR, article 14. There are widespread allegations of the use of torture to extract

evidence in violation of obligations under CAT. At the same time access to qualified

legal representation for indigent defendants is very limited, making it difficult for them to

mount an adequate defence. It is also reported that courts are susceptible to pressure or

intimidation from powerful individuals and, in addition the practice of

Diyat,

allows

those rich enough to pay restitution, and thus avoid legal repercussions.

Pakistan maintains the

death penalty

for a large number of crimes, some of which do not

fall into the category of "most serious crimes" to which the death penalty should be

limited according to ICCPR. It is estimated that Pakistan has more than 6,000

people on

death row. In December 2014 a moratorium on executions in place since 2008 (with the

exception of one case, where a soldier was hanged in 2012) was lifted – initially only for

terrorist charges, later for all charges. The Pakistani Government argues that capital

punishment is necessary to fight terrorism. By early December 2015, over 300

persons

had been executed. Although many of those executed were sentenced by anti-terrorist

courts the overwhelming majority were convicted for common, albeit serious, crimes.

The fundamental weaknesses of the police and the judicial system combined with the use

of the death penalty carry a very high risk of irreversible miscarriages of justice. The

decision to carry out executions could, therefore, result in arbitrary deprivation of life and

be in breach of Pakistan’s international obligations. Also, in a number of cases there is

uncertainty about the age of the convicts; this is partly due to the absence of reliable birth

registration in Pakistan. Execution of juveniles constitutes a continued violation of

Article 6 of ICCPR and article 37 of CRC.

Under the 21st Amendment to the constitution and a further amendment of the 1952

Pakistani Army Act, military courts have been given jurisdiction during 2 years to try

civilians accused of terrorism related offenses. A vague definition of ‘terrorism-related

offenses’ is problematic and the criteria for transferring cases have not been made public.

Moreover, hearings have been held in camera and verdicts have not been made public,

making it impossible to ascertain if the defendants’ right to a fair trial has been respected.

While ICCPR does not prohibit the trial of civilians in military courts, it requires these

trials to be fully in conformity with Article 14 (

The legality of the 21st Constitutional Amendment was challenged before the Supreme

Court, which in a verdict in early August 2015, upheld the amendment, but stressed that

all aspects of the military court system, including the rules of procedure, the selection of

persons for trial and the verdicts themselves would be subject to appeal to the High

In a speech to the Senate on 6 October 2015 Minister of State for the Interior, Mr Baleeghur

Rahman, gave the figure of 6,016 death row prisoners nationwide. Other sources have quoted

figures as high as 8,000.

According the NGO, Human Rights Commission of Pakistan (HRCP).

According to the General Comment 32 (by the Human Rights Committee) to Article 14 of

ICCPR, this article also applies to military courts.

190

Courts and the Supreme Court. While not making up for the secrecy surrounding the

military trials, this verdict provides some degree of legal safeguards for the defendants.

Given the temporary nature of the 21st Amendment, Pakistan will need to take swift and

decisive action to ensure that the civilian legal system stands fully equipped to address

terrorist cases when these are handed back to civilian courts in 2017. During a visit to

Pakistan in 2012, the UN Special rapporteur on the independence of judges and lawyers

made a series of recommendations on the need for training of judges, lawyers and

prosecutors. While no information on the follow-up to these recommendations is

available, Pakistan refers in its ICCPR report (see para 30 of report) to training modules

on human rights conventions. However, so far no follow-up to the recommendations of

judicial reforms has been initiated.

Media, including social media, are more diverse and vibrant than in the past. On specific

issues, they play an active role by stimulating debate and putting pressure on the

government. However, despite constitutional provisions to protect the freedom of speech,

thought, information and media, freedom of expression is under considerable stress.

Threats, violence and killing of journalists are the most extreme examples, which

reinforce the habit of exercising self-censorship. Pakistan steadily ranks between position

150 and 160 on the World Press Freedom Index (

). Fourteen journalists and media

workers were reported to have been killed in Pakistan in 2014 (

). According to

Reporters Without Borders, Pakistan remains one of the most dangerous countries in the

world to be a journalist. It has been repeatedly confirmed that criticism of the military

establishment is not tolerated. On 19 March 2014, the prime minister promised to appoint

special prosecutors to investigate attacks on journalists. However, the appointment

process has not yet been concluded. Pakistan has announced that a commission on the

protection of journalists is in the process of being established.

According to information by civil society and UN sources, human rights defenders are

also exposed to censorship, threats, violence and even murder. Two prominent examples

are Rashid Rehman, a lawyer killed by gunmen in May 2014 for taking the case of a

person accused of blasphemy and Sabeen Mehmud, a human rights activist killed in

Karachi in April 2015, after having arranged a forum on disappearances in Balochistan.

Enforced disappearances remain a very serious concern, despite attempts made by the

Supreme Court (SC) to investigate the matter. Reliable information is difficult to obtain,

and accusations and counter-accusations are often heard against the security and

intelligence agencies, militant nationalists (primarily in Balochistan and Khyber

Pakhtunkhwa) and criminal organisations. While not denying that enforced

disappearances occur, Pakistan insists that the real numbers are not as high as sometimes

claimed. The government explains such phenomena as being linked to its war on

terrorism and of the ensuing need to protect the population. Victims of disappearances

are reported to go missing and sometimes re-surface, but no one is brought to justice for

these crimes. A Commission of Inquiry on Enforced Disappearances was established in

March 2010 and has examined some of the cases. This commission has located 982

people while 1 273 cases are still pending.

The Protection of Pakistan Act adopted in 2014 (replacing the Protection of Pakistan

Ordinance) is a matter of concern in relation to disappearances, since it allows the

Reporters Without Borders, Freedom House.

Human Rights Commission of Pakistan, State of Human Rights in 2014, 142.

191

security forces to detain suspects without trial for prolonged periods of time and to keep

them in secret detention facilities without informing their families or providing access to

legal representation.

Freedom of religion and minority rights are being protected by the constitution and

minimum quotas for minorities in public employment exist at federal and province level.

Despite this, serious concerns remain about such critical issues as hate speech (including

in Friday sermons), inter-sectarian violence, and negative stereotypes of ethnic or

religious minorities in school textbooks. In 2015, as part of the national action plan

against terrorism the government has taken some action against hate speech, including

the arrest of a number of individuals responsible for inciting religious hatred. Intention

has also been voiced to reform the madrassa system, but progress on this is limited.

Violence against religious minorities, including Ahmadis, other Muslim minority sects

and Christians, was recurrent throughout the reporting period. Minorities’ places of

worship have on several occasions been the direct target of large-scale terrorist attacks.

On 2 June 2014, the UN High Commissioner for Human Rights called on Pakistan to

‘stop faith-based killings’.

A SC ruling of 19 June 2014 on the rights of people belonging to minorities directed the

government to set up a national council for minorities’ rights, develop appropriate

curricula to promote religious and social tolerance, take measures against hate speech,

and establish a special police force to protect the places of worship of minorities. A

national commission of minorities was established in 2014 under the Ministry of Law,

Justice and Human Rights. The commission has been tasked with developing a national

policy on inter-faith harmony, look into grievances by members of any minority

community, including individual complaints, and make recommendations to the

government.

Sections 295 (B) to 298 (C) of Pakistan’s penal code, often referred to as the blasphemy

law, are frequently misused to settle personal animosities or to seize property. While

Section 193 of Pakistan’s penal code makes the culprit of false and fake evidence liable

to be punished with 7 years’ imprisonment, there is no known case where this section has

been successfully applied to somebody making false allegations under the blasphemy

law. It is highly questionable whether blasphemy could be seen as falling under the

category of most serious crimes for which the death penalty may be allowed in

accordance with ICCPR. Since 1990, at least 60 persons have been murdered after being

accused of blasphemy. At present, 17 persons convicted of blasphemy are on death row,

while 19 others are serving life sentences (

). Many persons convicted of blasphemy are

kept in detention for long periods waiting for a trial. Because of the fear of reprisals,

lawyers are very reluctant to defend a person accused of blasphemy. In addition, the mere

existence of the law seems to promote a culture of hatred and fear, whereby even making

public statements about the possibility of amending the legislation has proven extremely

dangerous.

Misuse of the blasphemy law has continued largely unabated. In a SC ruling in October

2015 the court recognised this and declared that it is the obligation of the state to ensure

that no innocent person is compelled or constrained to face an investigation or a trial on

the basis of false or trumped up allegations regarding commission of such an offence. It

Human Rights Watch, World Report 2015.

192

further ruled that criticising the misuse of the blasphemy laws and calling for

introduction of legal safeguards does not constitute blasphemy.

Some measures have been introduced to strengthen the procedural safeguards against

misuse of the law. For example, no officer below the rank of superintendent of police

shall investigate the offence against any person alleged to have committed offence under

Section 295 (C) of the penal code.

International Covenant on Economic, Social and Cultural Rights

(ICESCR)

Pakistan ratified the ICESCR in 2008 and submitted its first report to the Committee on

Economic, Social and Cultural Rights in October 2015. The review by the committee has

not yet taken place. Many challenges remain in the area of economic, social and cultural

rights.

With regard to the obligation to ensure equal rights of men and women in Article 3 of the

Covenant some progress has been made, but considerable shortcomings persist. There is

still a wide gap between men and women when it comes to access to education, as well

as participation in the labour market and representation in political life. Further

information can be found below in the section dealing with the CEDAW.

Likewise, in relation to Article 10 concerning marriage of free will, protection of mothers

before and after childbirth and protection of children, including from economic

exploitation, important problems can be noted. These relate inter alia to practices of

forced marriage, poor maternal health and prevalence of child labour, including in its

worst forms. Further details are included in the section on the CRC.

Article 12 enshrines the right to health. However, basic health indicators in Pakistan

remain poor. According to WHO statistics, life expectancy at birth is 65, the infant

mortality rate is 69 per 1 000 live births and the under-five mortality rate is 86 per 1 000

live births. With regard to the right to education in Article 13 it is noted that the net

primary school enrolment rate in 2013-14 was only 57%. There is a significant gender

gap with an enrolment rate at national level of 60% for boys and 53% for girls. This gap

is considerably wider in some provinces; Balochistan scoring lowest with only 30%

enrolment for girls. The low enrolment rates may be attributed to lack of access to

schools, costs associated with books or uniforms, the need for children to engage in work

to help the family, or in the case of girls, religious, tribal or cultural prejudices.

In the report, Pakistan outlines steps taken to promote the progressive realisation of the

rights enshrined in the covenant. These include drafting of new legislation to protect

women and promote their rights, actions against forced marriage and child labour and

increased spending in the health sector. On education, the Government has also

committed to increase spending from 1.8% to 4% of GDP, but this has yet to materialize.

Capacity-building and human rights awareness raising will also be needed to achieve

implementation of the obligations under the covenant.

Convention on the Elimination of All Forms of Discrimination Against

Women (CEDAW)

Violence and discrimination against women is frequent, with reports of domestic abuse,

rape and honour killings. Brutal violence against women remains widespread, with 70

193

cases of acid attacks in 2014 and 30 cases in January-May 2015 reported to the Acid

Survivors Foundation, although the real numbers are likely to be higher due to lack of

reporting. The Human Rights Commission of Pakistan, a local NGO, assessed a total of

159 acid attacks in 2014. In 2014, there were 923 reported cases of ‘honour killing’ (

out of which 82 targeted minor girls. Women are subject to widespread discrimination, in

the home, the educational system and the workplace and lag far behind men in virtually

all social indicators, including education and health. They also have special difficulties

obtaining recourse through the justice system, because of gender biases and the practice

Diyat.

The overall situation for women tends to be better in urban centres and higher

social strata.

A significant effort was made in 2010-2012 to adopt new legislation in the field of rights

of women, which in many cases represents considerable progress. Examples include the

Domestic Violence Act (2012), the Elimination of the Custom of Ghag (

) Act (2012)

and the Punjab Protection of Women against Harassment at the Workplace Act (2012).

More recently, legislative efforts have primarily focused on the provincial level, with

examples such as the Khyber Pakhtunkhwa Elimination of Customs of Ghag Act (2013),

the Sindh Domestic Violence Act (2013) and the Balochistan Domestic Violence Act

(2014). As in other areas, implementation has so far been a problem.

Efforts to empower women are also made through policy initiatives, such as the Benazir

Income Support Programme, the Punjab Education Fund and the Punjab Self-

Employment Programme. Quotas are also used to encourage women to apply for public

employment or to engage in politics. By way of example, 17 % of the seats in the

national assembly and 33 % of the seats in the provincial assemblies are reserved for

women, whereas 10 % of the public jobs at federal level are reserved for women in

addition to the jobs they can apply for on open merit. In July 2006, the SC called for

effective implementation of the quota in public employment. There is no female judge in

the SC. Despite quotas, men still occupy more than 80 % of the seats in the senate and

more than 75 % of the seats in the national assembly. A national commission on the

status of women (NCSW) was established in 2012, through the Status of Women Act.

The government has announced the strengthening of the NCSW, which is known to be

underfunded, and it only received a small number (48) of individual complaints between

January 2013 and August 2014. An inter-provincial ministerial group (IPMG) for women

development has been constituted.

Despite some positive developments, the rights of women remain an area of very serious

concern. Major international studies on gender equality rank Pakistan at the bottom of

their charts. The Gender Gap Index 2013 of the World Economic Forum has Pakistan as

number 135 out of 136 countries (down from 112 in 2006).

Convention against Torture and other Cruel, Inhuman or Degrading

Treatment or Punishment (CAT)

Although Pakistan ratified CAT in 2010, the practice of torture and cruel, inhuman and

degrading treatment and punishment persists in the country. The penal code does not

define torture in line with the definition of CAT, and legislation to implement CAT has

Human Rights Commission of Pakistan, State of Human Rights in 2014, 218.

Ghag refers to the public compelling or demanding by force the marriage of a woman

without her free consent or that of her parents.

194

not yet been enacted, although a draft torture, custodial death and custodial rape bill is

currently being discussed. Reports from various civil society organisations (

) provide

information about torture and cruel, inhuman, degrading treatment and punishment —

both absolutely prohibited under the CAT — being widely used during the investigative

process to obtain a confession or information, as well as in detention facilities as a form

of punishment. Such practices have been confirmed by Faisalabad District Standing

Medical Board (DSMB), which was set up to conduct medical examinations in response

to allegations of torture. The DSMB found conclusive signs of abuse in 1 424 of 1 867

cases examined.

Current legislation does not provide meaningful redress for victims in line with Article

14 of CAT including restitution, rehabilitation, satisfaction and guarantees of non-

repetition. Pakistan has failed to provide any substantial information about action taken

to address this very serious issue. As an example there is no information available

suggesting that anyone has been prosecuted for torture in any of the 1 424 cases

identified by the DSMB.

There is in many cases — including for persons sentenced to the death penalty —

evidence suggesting the use of torture to extract confessions. Investigations into these

cases are not always carried out properly or sometimes not at all, which constitutes a

violation of Article 12 of CAT.

Convention on the Rights of the Child (CRC)

According to estimates, more than 40 % of Pakistan’s population is under 18 years of

age. The Pakistani authorities have taken measures to address children’s rights, but

significant difficulties and capacity challenges remain. Several laws have been adopted in

recent years, most of them before GSP+ was granted. One example of more recent

legislation is the Sindh Rights of Children to Free and Compulsory Education Act

(2013). Other legal bills are pending adoption, which is often a lengthy process. The

Child Marriage Restraint Amendment Bills (Balochistan and Khyber Pakhtunkhwa) and

the Prohibition of Corporal Punishment Bill (2014) are some examples. As in other areas,

much greater emphasis will have to be put on implementation. Two examples among

measures introduced to respect, protect and promote children’s rights are the National

Child Protection Centre and ‘Sweet Homes’. The establishment of a national commission

on the rights of the child, a requirement according to CRC, has been debated since 2001.

Lack of access to education and healthcare for children remains a serious problem.

Education was made a fundamental right in 2010 (

), and a national plan of action (2013-

2016) to accelerate education-related MDGs was adopted in September 2013. A

commitment by the prime minister at an international conference on education in

Islamabad in March 2014 to raise spending on education from 1.8 % to 4 % of GDP by

2018 should be welcomed. Despite this, 25 million children are still out of school in

Pakistan, 55 % of whom are girls. Attacks on school buses and schools, in particular

girls’ schools, have continued in some parts of the country. Punjab has set a target of

100 % sustainable enrolment at primary level for 2018. While access and enrolment are

two important objectives the quality of education is also crucial. In the concluding

Various reports by the Human Rights Commission of Pakistan, the Justice Project Pakistan,

Amnesty International and Human Rights Watch.

Article 24.a. of the constitution.

195

observation 81b of the CRC report (CRC/C/PAK/CO/3-4), Pakistan was asked to ‘take

concrete action to eliminate teaching religious or sectarian intolerance; promote human

rights, human rights education, including children rights, peace, tolerance and dialogue

between different religions and beliefs’ (Article 29 of the convention).

Sexual exploitation of children remains a serious problem throughout Pakistan, although

difficult to document and largely absent from the public debate. Child and forced

marriage, sometimes combined with forced conversion, constitutes a specific and

widespread problem. Abductions continue, often of under-aged Hindu or Christian girls.

Judicial courts are reported to admit the testimony of under-aged victims even when

these speak clearly under duress. As a result, defendants are almost always acquitted and

victims declared to have spontaneously eloped. This leads to court rulings that victims

must remain with their captors pending judgment; kidnappers are seldom punished; the

police often refuse to register such cases. As positive developments in terms of

legislation, the Sindh Child Marriage Restraint Act (2013) was passed in 2013 to prevent

forced marriages, and in May 2015 the Hindu Marriage Act was passed with the aim to

seek an end to forced marriages of Hindu girls. In March 2015 Punjab enhanced

punishments for the parents of wedded children and introduced a fine for the religious

minister overseeing such ceremonies.

Pakistan is one of the countries with the highest prevalence of child labour. However,

there is a growing political will to address the problem (see below).

With respect to the death penalty (see above), in a number of cases it is uncertain whether

convicts were under eighteen when they committed the crimes they were convicted of. In

such cases, executions constitute a violation also of Article 37 of CRC.

Future actions and priorities

A framework is gradually being put in place with key institutions designed to respect,

protect and promote human rights. Many of these are still finding their way in terms of

filling their mandate with real content or having the staff, offices and equipment they

need to be able to work effectively. After the adoption of the National Commission for

Human Rights Act in 2012, the commission was established in May 2015 with the

appointment of its chairperson and members. It has the powers to take suo motu action

on cases of violation of human rights, and has begun its work although still severely

hampered by lack of resources and staff. A commission on the status of women was

established in 2000, but it is still seriously underfunded. A proposal for the establishment

of a commission on the rights of the child is still under discussion.

The role of the SC also merits mentioning, by way of two examples referred to above —

the ruling on the rights of persons belonging to minorities and the decision to look into

the 21st Amendment. The SC has established a human rights cell to receive complaints

and following this example similar cells have also been established at the high courts

throughout the country. The government has made some efforts to make human rights

more accessible by translating all the UN human rights conventions into Urdu.

Pakistan has announced that a national action plan on human rights has been drafted and

is awaiting approval by the prime minister. It reportedly consists of six thematic areas: (i)

policy, legal reforms and access to justice, (ii) strengthening national human rights

institutions, (iii) implementing key human rights priorities, (iv) human rights education

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and sensitisation, (v) implementation of international treaties, and (vi) implementation

and monitoring.

Adopting such a framework would be a significant step forward in terms of

demonstrating real commitment to human rights, and would facilitate a more structured

dialogue with the EU. Such an action plan should give a clear indication of priorities,

responsibilities for implementation (at federal and provincial levels), expected

‘deliverables’, and resource allocation to ensure success, over the next few years. It

would need to focus on interventions which are realistically achievable, the realisation of

which can be objectively ascertained and which can improve the implementation on the

ground of international obligations.

As priorities beyond 2015, Pakistan has indicated its intention to implement the national

action plan, to build the capacity of the treaty implementation cells, to improve

coordination with relevant stakeholders at federal and provincial level, to carry out a gap

analysis to design legal, administrative and policy measures required to implement

ICCPR and to consider legislation on the right to information in Balochistan and Sindh

(legislation already being in place in Khyber Pakhtunkhwa and Punjab).

Conclusions

While the authorities have launched a number of constructive initiatives, human rights

violations remain widespread in the country despite some of the initiatives underway.

Progress has been made in strengthening the institutional framework for human rights,

including by establishing a National Commission for Human Rights and a series of other

institutions, and establishing the GSP+ Treaty Implementation Cells. The EU remains

willing to offer technical assistance, to support such institutions. The attempts by the

Supreme Court to play an independent role, efforts by authorities to facilitate access to

information about human rights, and the important role civil society plays in promoting

human rights both domestically and in international forums should be acknowledged.

Some progress is also seen in legislation, both at federal and provincial level, notably on

children’s and women’s rights. During this monitoring period, Pakistan made

commendable efforts and submitted all due reports on the human rights conventions.

Poverty, feudalism or a tribal culture in different parts of the country, entrenched

discrimination of women, wide-spread ethnic intolerance, religious and militant

extremism, and a powerful military highly involved in politics are some of the root

causes of human rights abuses. A sense of impunity prevails, due to weak institutions and

lack of awareness.

The situation of women remains a serious concern,

but

some progress was made to adopt

new legislation in the field of rights of women.

In addition, the fight against terrorism has created new human rights challenges that

need to be urgently addressed. Respecting, protecting and promoting human rights can

be an effective tool, in the medium term, to address root causes of militant extremism. A

number of developments that occurred during the period since GSP+ was granted are

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matters of serious concern. The over 300 executions carried out since the lifting of the

moratorium, raise questions concerning likely violations of ICCPR, CAT and CRC, with

respect to executions of juvenile defenders, denial of fair trial, and the systematic use of

torture. The selective transfer of civilian cases to military courts without clear criteria,

without information about the procedures, and with non-transparent court hearings, is

another serious source of concern, notably with respect to the obligation to provide fair

trial, as affirmed under ICCPR. Other areas where the situation has remained

particularly worrisome over the last 2 years relate to torture and the failure to protect

journalists and human rights defenders. In other areas, grave human rights violations

including extra-judicial killings, enforced disappearances and failure to protect

minorities continue to occur. The Pakistani authorities should make significant efforts

to comply with their international obligations.

Lack of capacity and awareness continue to hinder the full implementation of Pakistan's

international commitments. The devolution of power to the provinces following the 18th

Amendment has created challenges but also opportunities for taking action. Pakistan’s

intention to adopt a national action plan on human rights is a step in the positive

direction but needs to be followed by effective progress. The successful implementation

of such a policy framework will depend on a strong institutional framework, adequate

resource allocation and political will. The intention to develop a policy on minorities —

also in line with the SC recommendations — must be welcomed and action in this area

should be supported.

11.2.2.

ILO Labour Rights Conventions (conventions 8-15)

Status of ratification and reporting

Pakistan has ratified all eight International Labour Organisation (ILO) core conventions,

and maintains ratification. Pakistan complies with all its reporting obligations under these

conventions.

Status of implementation of the conventions

Pakistan is estimated by ILO to have the ninth largest workforce in the world, but a

relatively low labour marked participation rate, with only 51 % of the population aged

15-64 employed, totalling around 60 million. Most employment is found in the informal

sector (estimates range between 70 and 80 %, and formal employment is limited to a few

sectors, in particular oriented towards exports, including textiles, leather and footwear. In

the informal economy agriculture is by far the largest source of employment. The rate of

unionisation is very low.

Pakistan has ratified 36 ILO conventions, including the eight core ILO conventions

which are in the scope of GSP+ monitoring. Following the adoption of the 18th

Amendment to the constitution in 2010, the responsibility for implementation of labour

standards has been devolved to provincial labour departments, with the federal oversight

allocated to the Ministry for Overseas Pakistanis and Human Resource Development.

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This has required the enactment of a large number of provincial labour laws. Until this

process is complete existing federal labour laws remain in force at provincial level.

The work to approve new provincial legislation is substantial, but considerable progress

has been made. A total of 55 new laws have been drafted in the four provinces. Out of

these, 23 have been approved, while the rest are in different stages of legislation. The

largest and most populous province of Punjab and the province of Khyber Pakhtunkhwa

have made the best progress, while the provinces of Sindh and Balochistan are lagging

somewhat behind. However, key pieces of legislation such as the industrial relations act

have been approved in all provinces.

At a federal level the government in 2010 issued a national labour policy. Some of the

listed priorities included: preserving workers’ rights to form unions, improve labour

productivity, strengthening social insurance schemes, abolish bonded labour and

eliminate child labour. However, this was to a large extent overtaken by the decision to

devolve responsibilities to the provinces, and now the provincial labour departments have

or are in the process of developing policies in various areas, to support implementation of

new provincial legislation.

Implementation remains a problem for all laws and policy areas in Pakistan. For the

labour laws a system of labour inspection has been put in place, with adoption of a labour

inspection policy and labour protection policy in 2006, but results have been limited.

Only about 340 labour inspectors cover the entire Pakistan and they have been accused of

corruption and of collusion with employers. Efforts have recently been initiated to

strengthen the system with a significant investment in equipment and training for labour

inspections with assistance from ILO and the Netherlands.

Pakistan is covered by the ILO technical cooperation framework Decent Work

Programme (2010-2015). Through this programme, ILO together with competent federal

and provincial authorities have identified a series of key interventions into four broad

priority areas: (i) labour law reform, (ii) human resource development with a focus on

employable skills, (iii) social protection, including in the informal economy and (iv)

promotion of tripartite consultations and social dialogue. The government is with ILO

actively pursuing the next generation of this programme for the period 2016-2020.

Freedom of association and collective bargaining (Conventions 87 and

98)

Concerns have been expressed in Pakistan on a number of areas related to freedom of

association and collective bargaining both by the ILO Committee of Experts on the

Application of Conventions and Recommendations (CEACR), and by trade unions.

These have included legislation excluding employees in certain public sectors and

‘essential’ service sectors from forming unions, including agriculture, health, education,

banking, security and employees in special economic and trade zones. Concerns have

also been expressed that while unions in principle can be formed in the large informal

sector there is an absence of a legal framework regulating unionisation and collective

bargaining in this sector, since the Federal and Provincial Industrial Relations Acts only

covers the formal sector.

Trade unions have also highlighted that many workers in the formal sector do not receive

legally required appointment letters, making them unable to join unions or register for

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social benefits. Other complaints include complex and restrictive registration procedures,

lack of capacity of the provincial labour departments to ensure proper registration,

instances of collusion between employers and registrars, including by registering false

unions, and some instances of intimidation and even violence against workers to dissuade

them from forming or joining unions or striking.

However, the last few years have seen what appear to be genuine efforts on the part of

the federal and provincial governments to begin to address the shortcomings. The fact

that many stakeholders within Pakistan as well as international delegations have

highlighted the potential benefits of GSP+ might have played an important factor in this

development.

In 2012 the national assembly passed a federal industrial relations act to close a vacuum

created by the 18th Amendment, re-establishing the National Industrial Relations

Commission (NIRC), the apex body that adjudicates trans-provincial industrial disputes

and deals with the registration of national industrial and trade union federations. The

federal government also formed tripartite consultative councils, which have met regularly

both and federal and provincial level to discuss key labour market issues. Other tripartite

mechanisms such as the Workers Welfare Fund and Provincial Minimum Wage Boards

are also in place. It has also been indicated that a forum for bilateral discussions between

workers and employers (WEBCOP) have proved increasingly effective.

At provincial level there has also been some forward movement. Provincial industrial

relations acts have been adopted in all four provinces. The Punjab IRA initially included

a restriction on the formation of unions to factories with more than 50 employees, but

this has since been removed. The Sindh IRA has included the agricultural workers and

workers in the fisheries sector, which is another positive development since GSP+ has

come into effect. Regulation and unionisation is also making progress in other parts of

the informal economy, as legislation and implementation policies are under preparation

in Punjab for both home based workers and domestic workers. The first union for

domestic workers in Punjab has already been registered.

Meanwhile, there are serious efforts by the workers movement in Pakistan to overcome

its weaknesses from the past, with improved coordination and cooperation between

different trade union federations. Hitherto the picture has been somewhat fragmented,

with a large number of factory-based unions and a total of 14 trade union federations at

the national level. Now, the Pakistan Workers Confederation has been formed

comprising the most important trade union federations. GSP+ has provided a framework

for the unions to come together to discuss the implementation of social standards and to

develop strategies for a stronger unionisation.

Forced labour (Conventions 29 and 105)

Pakistan ranks third in the world on the 2014 Modern Slavery Index. Bonded labour is

common in various sectors of the economy, most notably agriculture and brick kilns, but

also carpet weaving, fisheries, mining and likely other sectors. Brick kilns, which are

located on the outskirts of most major cities and towns in Pakistan, operate almost

exclusively on the basis of debt-bondage.

Geographically speaking, the most widespread problems are found in the southern Sindh

and Punjab, but anecdotal evidence suggests that bonded labour exists in all four

provinces. There are currently no reliable statistics on the number of bonded labourers.

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Some estimates suggest that there are over one million men, women and children

employed as bonded labourers in brick kilns and that over 1.8 million sharecroppers

(agricultural workers) are bonded to landlords in Pakistan.

The Committee of Experts has urged Pakistan to take the necessary measures to ensure

that each of the provinces adopts legislation aimed at eliminating bonded labour and

implements the legislation effectively. The Committee of Experts has also urged Pakistan

to discard with laws which give the authorities wide discretionary powers to order the

dissolution of associations, subject to penalties of imprisonment which may involve

compulsory labour.

Progress has been made in the preparation of provincial legislation. The Khyber

Pakhtunkhwa Bonded Labour System (Abolition) Act was passed in 2015. It prohibits

slavery and debt bondage and regulates matters leading to this. The Punjab Bonded

Labour System (abolition) Act is in the last stages of approval. Baluchistan and Sindh are

currently drafting similar legislation. New policies covering the informal sector, such as

the Punjab labour policy for home based workers and the new union for this group may

also contribute to the improvement in the situation for bonded labourers.

In a speech on first May the Chief Minister of Punjab pledged to eradicate bonded labour

and child labour from the province. To this end the provincial labour department has

begun implementation of a USD 50 million project funded by its own resources

addressing the problem in brick kilns and the agricultural sector. The provincial

government of Balochistan has decided to implement a similar project and has set aside

USD 400 000 from its own budget and sought funding from the federal government and

support from ILO to further expand this effort.

Worst forms of child labour and minimum age for work (Conventions

182 and 138)

No dedicated child labour survey has been carried out in the Pakistan since 1996 (when it

was estimated that there were 3.3 million underage labourers in the country). However,

all available evidence indicates that the incidence of child labour is still considerable

despite, most likely, showing a declining trend in recent years. A higher share of boys is

estimated to be involved in child labour, especially in the 10 to 17 age bracket and in the

provinces of Balochistan and Sindh. Reliable data is also not available either on the

situation of hazardous child labour or the worst forms of child labour. However, it is

relatively certain that this takes place across the country, in particular in the agricultural

economy and in brick kilns.

The Committee of Experts has urged Pakistan to effectively guarantee the prohibition of

employment of children less than 14 years of age in all provinces, and also less than 18

years of age in hazardous types of work.

Progress is being made to address these problems. The federal government has

established a focal person in the Ministry of Overseas Pakistanis and Human Resource

Development (responsible for labour market issues at the Federal level) to (i) develop an

inventory of all previous work done on child labour (and bonded labour) at federal and

provincial level, (ii) develop a national strategy for the elimination of child labour in

Pakistan and (iii) advocate with the provincial governments to adopt the necessary

provincial legislation and to conduct local child labour surveys.

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A federal law is in place that prohibits some forms of child labour (Employment of

Children’s Act (1991)), but provinces are working to adopt provincial legislation to fully

meet international obligations. The government of Khyber Pakhtunkhwa has adopted a

law on elimination of child labour and allocated funds to improve labour inspections with

a special focus on child labour. In Punjab the bill is pending in cabinet, after which it will

be submitted to the provincial assembly for approval. Legislative action is still pending in

Sindh and Balochistan.

In terms of programmatic support the government of Punjab has initiated a ‘crash’

programme to eliminate all child labour from brick kilns in the province. Implementation

is underway. The USD 50 million project to eliminate bonded labour and child labour

and the smaller sister programme in Balochistan mentioned in the previous section are

also expected to make a significant contribution to addressing the problems of child

labour in Pakistan, and can serve as important models for similar activities in other

provinces.

Elimination of discrimination (Conventions 100 and 111)

In the area of equal opportunity and treatment in employment, considerable gender

inequalities between men and women persist. Substantial challenges include lack of

access to better employment, with a growing and significant share of women working in

the low productivity agricultural occupations, lack of education and employment

opportunities for women workers and ensuring equal pay for work of equal value. The

absence of any legal framework for ensuring equal remuneration for men and women

outside of public sector employment represents an important gap that has been noted with

disapproval by the Committee of Experts.

However, this is an area where there is also progress to report. The federal government

has developed a ‘model law’ against discrimination and has carried out tripartite

consultations on this in all four provinces in 2015. The intention is to submit legislation

based on the model law to each of the provincial assemblies for legislation in the near

future. The Federal Ombudsman’s Secretariat, Pakistan Workers Federation and the

Employers Federations of Pakistan also organised a series of training/seminars and

awareness raising sessions with duty bearers resulting in effective use of existing online

complaint mechanism on sexual harassment at the workplace.

All four provinces have nominated gender focal persons within the departments of labour

to work with relevant departments and coordinate efforts around gender issues.

As a result of the government of Punjab’s tripartite deliberations a draft domestic

workers policy has been formulated. This policy is expected to inform the on-going

legislative process. The first domestic workers trade union in Punjab, formed in 2015, is

comprised of 90 % women workers, and 95 % of the office bearers are also women.

Piloting day care centres in the workplace, establishment of a provincial commission on

the status of women and a fair representation of women act (2014) are other new

initiatives put forward by the provincial government of Punjab.

The Higher Education Commission is working to mainstream gender in the business and

media curricula of the nine national universities. Approximately 750 media

journalists/editors have been trained on gender-sensitive reporting, non-discrimination

and issues of women in the world of work. This can further assist the on-going trend that

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the Pakistani media increasingly is highlighting issues of discrimination and sexual

harassment at the workplace through gender-sensitive reporting.

Future actions and priorities

Despite some good progress, Pakistan continues to be confronted with a number of

pressing issues with regard to protection of labour rights. This relates to both the

adoption of the still outstanding legislation at provincial level and most importantly to

improving the implementation of existing and new legislation. This pertains to all areas

of the eight conventions. Trade union density and collective bargaining coverage remain

very low. Only a small fraction of labour is unionised in Pakistan, and there are still

significant challenges for the unions to register and to freely promote the rights and

interests of their members, including through strikes. While bonded labour is illegal in

Pakistan, there are still millions enslaved according to the 2014 Global Slavery Index. In

addition, child labour is prevalent in all provinces; in Khyber Pakhtunkhwa alone there

are approximately 1.5 million children labourers according to the Society for the

Protection of the Rights of the Child (Islamabad). The gender gap also remains

significant, and action is required to improve women workers rights. The priority should

be to stay the course and to strengthen the on-going efforts demonstrated in the first 2

years of GSP+ implementation to address these shortcomings.

Conclusions

Despite the many challenges it must be concluded that in the last 2 years considerable

and increasing efforts have been demonstrated by the federal government and the

provincial governments to improve labour laws and their implementation across the

country. This assessment is shared by the ILO country office in Pakistan, which is

working closely with all actors. While no proof exists, anecdotal evidence suggests that

GSP+ has been an important incentive for all actors to further promote compliance with

ILO standards. The government, the employers and the trade unions have welcomed

GSP+ as a useful instrument and it seems to have improved cooperation and dialogue

among all parties on the labour market. Efforts at provincial levels, especially in Punjab,

should be recognised. At the same time, these need to be sustained to address the still

serious challenges. Part of this effort should be to address the discrepancy between the

implementation from province to province, allowing those provinces who are currently

lagging behind to catch up.

11.2.3.

UN Conventions on Environmental Protection and

Climate Change (conventions 16-23)

Status of ratification and reporting

Pakistan has ratified all GSP+-relevant conventions on environmental protection and

climate change, and maintains ratification. Pakistan complies with all reporting

requirements, with the exception of:

•

CITES — lack of compliance (biennial reports for 2003-2004, 2005-2006, 2009-

2010);

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•

Basel Convention on the Control of Trans-boundary Movements of Hazardous

Wastes and Their Disposal — lack of compliance (reports for 2008, 2010 and

2011 due);

Cartagena Protocol on Biosafety — 1st and 3rd National Reports due;

Stockholm Convention on Persistent Organic Pollutants — non-compliant

(no reports submitted to date).

•

For full details please see the annexed table.

Status of implementation of the conventions

Convention on International Trade in Endangered Species of Wild Flora

and Fauna (CITES)

Pakistan has a rich biodiversity and flora and fauna, but this is under increasing pressure

from a rapidly growing population, economic development and climate change. The

CITES convention was signed and ratified by Pakistan in 1976. In 2012 Pakistan enacted

the Pakistan Trade Control of Wild Fauna and Flora Act, which serves as the primary

implementing legislation for CITES. The 2012 act places restrictions on the export, re-

export or import of specimens listed in the appendix to CITES through a system of

permits/no-objection certificates and creates offences relating to the same. The 2012 act

further establishes a management authority and scientific authorities to ensure

implementation. The Ministry of Climate Change is designated as the management

authority.

At the 65

meeting of the CITES Standing Committee in July 2014 Pakistan was listed

under the category of countries requiring attention as a priority with regard to the need to

enact a legislation complying with CITES requirements. It was remarked that the law had

been enacted and that implementing regulations were under development. There was an

agreement between Pakistan and the Secretariat on a revised legislative analysis. In May

2015 Pakistan was identified by the CITES Secretariat and UNEP as one the 17 countries

that require attention as a priority for strengthening their legislation to implement the

CITES Convention. The Ministry of Climate Change has informed that the work to

develop implementing rules and regulations is making good progress with assistance

from IUCN and that this is expected to be finalised by end 2015. The CITES Secretariat

reported in December 2015

that, while Pakistan has taken step towards preparing new

legislative provisions to implement CITES, the country remains in a situation of non-

compliance and needs to accelerate its efforts to enact adequate legislation by the 67th

meeting of the CITES Standing Committee in September 2016.

Pakistan is a member of the regional network SAWEN (South Asia Wildlife

Enforcement Network). Pakistan’s customs authorities closely collaborate with

provincial wildlife departments and during the last year, 2014/2015, were able to

confiscate a number of consignments of CITES-listed species, which were to be

exported/imported illegally. The main part of the intercepted consignments seems to have

been of turtles and certain types of snakes. These consignments were rehabilitated back

https://cites.org/sites/default/files/eng/com/sc/66/E-SC66-26-01.pdf

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to the wildlife of Pakistan. Community-based wildlife management is also being

promoted, through a scheme for trophy hunting of ungulates implemented by the

provincial authorities in collaboration with the CITES Management Authority. The local

communities get 80 % share of the revenue generated, which is used for social uplift,

while 20 % goes to the provinces for administration.

In recent years there has been controversy surrounding the import/export of falcons and

the hunting and export of the rare Houbara bustard. Pakistan has informed that it only

issues permits in line with the CITES Secretariat Guidelines. Pakistan has also informed

the CITES Secretariat in April 2015 that it had not issued export permits for specimens

of peregrine falcons (Falco

peregrinus)

and saker falcons (Falco

cherrug)

during 2014.

In August 2015, the Supreme Court of Pakistan has banned the hunting of the Houbara

bustard. The provincial government of Khyber Pakhtunkhwa has implemented this ban in

provincial law while this is still not the case in Balochistan.

Basel Convention

Pakistan acceded to the Basel Convention in July 1994 with no reservations. The

amendment to the convention (Decision III/1) has not yet been ratified, but Pakistan has

informed that it is in the process of consultation with relevant stakeholders on this. The

Pakistan Environment Protection Act 1997 is the national legislation that controls

movements of hazardous wastes and their disposal. Sections 13 and 14 of the act ban the

import of hazardous waste into Pakistan and its export in any form (including transit).

Hazardous waste rules (2003) are in place that lay down safety precautions for

transportation and storage of hazardous substances and gases.

Pakistan has a sizable shipbreaking industry concentrated mainly in the coastal area of

Gaddani in Balochistan province. The Basel Secretariat has in 2015 funded a project on

hazardous waste generated by this industry. The project focused on developing the

downstream hazardous waste management capacity. Under this project incremental steps

are taken to improve environmental and worker health and safety standards in the

industry, particularly at the recycling facilities themselves. The ship recycling process

cannot be environmentally sound unless a suitable downstream infrastructure for the

hazardous and other wastes arising from ship recycling is established.

Another area of focus is the import of scrap/waste tyres for fuel. Pakistan in 2013 issued

an import policy and developed guidelines for the import and use of waste scrap tyres as

tyre-derived fuel, which is used particularly by the cement industry. Import licenses for

scrap/waste tyres are required and Industrial visits are conducted by the Ministry of

Climate Change and Environmental Protection Agency officials in the provinces and the

use of scrap/waste tyres for fuel are thoroughly checked. Other planned activities include

the formulation of a national waste management policy, which will ensure

environmentally sound waste management in Pakistan, and a project for environmentally

sound management of electronic waste in Pakistan.

Convention on Biological Diversity

Pakistan has one of the world’s most varied ecosystems ranging from the Arabian Sea to

peaks of the Himalayas in the North. The diverse topography and climatic conditions

manifests in a wide range of habitats and species many of which are of global

significance. Four ecosystems of Pakistan are included in the Global 200 most

biologically outstanding eco-regions in the world. However, many habitats and species

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are under pressure. The main threats include overgrazing, firewood collection, illegal

hunting, habitat destruction due to infrastructure development, pollution from municipal

and industrial waste and overfishing. Pakistan ratified the Convention on Biological

Diversity in 1994 (CBD). The Ministry of Climate Change (MoCC) is the focal point for

implementation of the CBD.

Under the 18th Constitutional Amendment of 2010 environmental pollution and ecology

was made the exclusive domain of the Provinces. The Pakistan Environmental Protection

Act of 1997 (PEPA) had been the key environmental legislation instrument for the entire

country until the 18th Amendment. Responding to the need, some of the provinces have

now enacted provincial environmental protection acts, while others are in the process of

doing so. All the provincial governments and federating units have laws and regulations

governing forestry, wildlife and fisheries. The primary policy instrument in Pakistan

relating to implementation of actions on biodiversity is the biodiversity action plan. The

first version of the BAP was prepared in 2000. The BAP provides a brief assessment of

the status and trend of the nation’s biodiversity; outlines strategic goals and objectives

and identifies suitable actions.

In its 5th National Report Pakistan recognised that the implementation of the BAP has

been uneven. However, some results have been achieved. Of significance is the

establishment of a protected area system, which covers more than 10 % of the country’s

territory, a number of botanical gardens and herbaria have been established in various

universities and progress has been made to control soil erosion in catchment areas of

large dams and well as sustainable use of water for irrigation. Awareness campaigns have

been carried out and a centre for biodiversity conservation was set up in 2009 to

undertake advanced research in this area. Pakistan has also made efforts to align with

international legislation. The CBD Secretariat has noted that Pakistan has made

‘reasonable progress’ towards reaching 2020 biodiversity targets, but has noted that the

country has not yet reached the threshold level necessary for making ‘significant

progress’.

An updated national biodiversity strategy and action plan is being drafted with assistance

from IUCN. It is in the final stages of preparation, and Pakistan has indicated that it is

expected to be finalised within this year. The public draft of the plan includes priorities

and targets within areas such as terrestrial ecosystems, forest ecosystems, wetlands,

costal and marine ecosystems sustainable agriculture and environmental protection. The

draft plan also includes action to strengthen awareness raising and capacity building,

mainstreaming of biodiversity, gender and poverty, coordination, resource mobilisation

and monitoring and evaluation. Pakistan has also indicated that it has prepared an access

and benefit sharing act on biodiversity resources and that it intends to accede to the

Nagoya protocol in the very near future.

Stockholm Convention on persistent Organic Pollutants

The Stockholm Convention on Persistent Organic Pollutants (POPs) was signed by

Pakistan on 6 December 2001 and ratified on 14 April 2008. The main legal framework

governing implementation includes the Environmental Protection Act (1997), the

National Environment Policy (2005), the Agricultural Pesticides Rules (1973) and

provincial environmental regulations.

Pakistan has banned use of all severely toxic and hazardous pesticides included in the

PIC and POP list in the early 1990s. In addition to PIC/POP pesticides, several other

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pesticides have also been banned. Based on the inventory survey conducted in 2009 there

are considerable stockpiles of obsolete POPs pesticides. However, there is not yet a

complete regulatory system on POPs in Pakistan. The existing regulation only concerns

the restriction of the first list of POPs covered by the Stockholm Convention before

2009, with specific reference to pesticides. Provisions on PCBs management, hazardous

waste management and disposal, as well as environmental quality standards for disposal

facilities are very weak and not compliant with the Stockholm convention.

Continuing efforts are being made to improve the existing policy and regulatory systems,

and to strengthen enforcement, monitoring and compliance. A national implementation

plan (NIP) for phasing out and elimination of POPs was submitted on 16 July 2010.

Pakistan has in 2015 launched a project with GEF funding implemented by UNDP with

three main components: (i) development and implementation of a regulatory, policy and

enforcement system to reduce POPs releases, (ii) capacity building of local communities

and public and private sector stakeholders to reduce exposure to and releases of POPs,

(iii) collection, transport and disposal of PCBS and POPS pesticides. Efforts are also

underway to update the National Implementation plan and to review 10 new POPs.

As of December 2015, Pakistan has not submitted any reports under the convention, but

it has indicated that it is in the process of preparing a national report to be finalised

shortly. The mandatory payment of the financial contribution under the convention,

which has been pending for several years, is expected to be released by the Finance

Division by December 2015.

Convention on Biosafety (Cartagena)

Pakistan ratified the Cartagena Protocol on Biosafety on 2 March 2009. Pakistan has no

salient shortcomings regarding its reporting obligations under the Protocol, according to

the report of the Compliance Committee of 28-30 May 2014. Pakistan submitted its 2nd

National Report due in 2011. The 3rd National Report was due by all Parties by 31

October 2015.

The import of GMOs and their products is currently governed by the Pakistan Biosafety

Rules, 2005. Limited detection facilities are available for detection using quick

identification methods. The procedures for sampling are under development. A national

biosafety centre (NBC) has on a project basis been established to oversee implementation

of the obligations under the Cartagena Protocol. The main objectives of the NBC are to

provide safeguards against the undesirable effects of genetically modified organisms,

including their effect on the environment, plants, animals and human health, to

implement biosafety rules and guidelines and to regulate import, export, production,

storage, handling and trade in GMOs. The institutional setup includes a national

biosafety committee, a technical advisory committee and an institutional biosafety

committee.

According to Pakistan, additional financial resources are needed for the effective

implementation of the biosafety rules and guidelines. The capacities of the human

resources involved in the implementation of biosafety regulations also needs to be

enhanced for the further improvement of the mechanisms and streamlining of procedures

to address protocol requirements and obligations. Planned next steps includes the

establishment of the NBC on a regular budgetary footing (as project funding has

expired), finalisation of a national biosafety act (a draft is in the process of being

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prepared), establishment of a national biosafety laboratory and efforts to enhance

capacity of all stakeholders and create awareness in the wider population.

Conventions on Climate Change

Pakistan is one of the most vulnerable countries in the world to the adverse effects of

climate change. According to the international NGO ‘German Watch’ it ranks third,

among the 10 most vulnerable countries. At the same time Pakistan is one the lowest

emitters of greenhouse gases (GHGs), both on per capita (ranked 135th in the world) and

total emissions basis (0.8 % of the global emissions). Pakistan is not among the polluter

countries, yet it has a demonstrated a resolve to contribute in the global efforts for

safeguarding global environment and climate. However, Pakistan has low technical and

financial capacity to adapt to adverse impacts of climate change. The responsible national

authority is the Ministry of Climate Change (MoCC).

A national climate change policy (NCCP) was adopted in 2012. It provides policy

measures for climate change adaptation and mitigation. The main objectives are: (i) to

pursue economic growth by appropriately addressing climate change, (ii) to integrate

climate change policy with other related national policies, (iii) to facilitate and strengthen

Pakistan’s role as a responsible member of the international community, (iv) to focus on

pro-poor gender sensitive adaptation while also promoting mitigation to the extent

possible in a cost effective manner, (v) to ensure water security, food security and energy

security, (vi) to minimise the risks arising from expected increase in frequency and

intensity of extreme climatic events, (vii) to strengthen decision-making and

coordination, (viii) to facilitate effective use of the available opportunities, particularly

financial, (ix) to foster the development of appropriate economic incentives to encourage

public and private sector investment, (x) to enhance the awareness, skill and institutional

capacity of relevant stakeholders and (xi) to promote conservation of natural resources

and long term sustainability.

The government of Pakistan has taken the following key steps to achieve the objectives

under the NCCP: (i) a framework for implementation of the NCCP has been prepared. It

sets out actions for mitigation, adaptation and vulnerable sectors. Implementation is

being ensured through the federal and provincial ministries and departments/authorities,

(ii) a reporting mechanism has been introduced to record progress or status of

implementation on each action mentioned in the framework. The progress will be

reviewed in the NCCP Implementation Committee meetings on a regular basis, (iii)

MoCC has helped provinces establish national climate change policy implementation

committees for effective implementation of NCCP at provincial level and (iv) a climate

finance unit has been activated and all activities relating to climate finance have been

centralised to provide focus, drive, fairness, policy direction, provide opportunity for

MRV and access to different international climate finance related institutions/set ups.

Pakistan finalised its Green House Gas (GHG) inventory in 2007-8 and the next is under

preparation. This will be completed in the end of this year. The current GHG inventory is

being prepared under the new guidelines issued by UNFCCC. Pakistan has also made

efforts to comply with the decisions taken during conference of parties meetings.

Pakistan submitted its Intended Nationally Determined Contribution (INDC) to the 2015

Climate Agreement on 12 November 2015, which was prepared by the Ministry of

Climate with the assistance of the World Bank and a consortium of experts and other

relevant partners. The Ministry of Climate Change has also initiated several mitigation

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and adaptation projects in partnership with other ministries and civil society

organizations.

For the purpose of the Kyoto Protocol to the UN Framework Convention on Climate

Change, the only relevant element is the clean development mechanism (CDM), as it is

the only part involving the participation of developing countries. The Director General

(Environment) at the Ministry of Environment is the designated national authority for

CDM in Pakistan under the Kyoto Protocol. The ministry has set up a specialised CDM

cell responsible for facilitating and approving CDM projects in line with the national

sustainable development goals. The CDM cell works with public and private sector

partners in the CDM process for attracting investments to potentially suitable projects,

together with technology transfer and capacity building.

Conclusions

In general, Pakistan has made reasonably good efforts to implement the commitments

under the conventions related to environmental protection and climate change. In

particular, a renewed commitment to address the effects of climate change despite the

fact the country is a very low per capita emitter of greenhouse gasses can be highlighted.

However, a considerable effort is still required to ensure full compliance with the

international obligations in a number of areas.

One issue is the need to amend national legislation to fully meet the requirements for the

implementation of the CITES Convention. The information provided by Pakistan on this

point does not clearly show how and when this problem will be remedied. Another is the

lack of progress on the implementation of the Stockholm Convention where Pakistan so

far has not complied with its reporting obligations and there is no clear indication how

the authorities intend to improve the situation.

11.2.4.

UN Conventions on Good Governance (conventions

24-27)

Status of ratification and reporting

Pakistan ratified the three United Nations Conventions on Narcotics Drugs, on

Psychotropic Substances, and against Illicit Traffic in Narcotic Drugs and Psychotropic

Substances respectively on 9 July 1965, 9 June 1977, and on 25 October 1991. Pakistan

ratified UNCAC on 31 Aug 2007. It has maintained ratification of all four conventions.

Pakistan is a full member of the Convention against Corruption and is among the first

countries which signed the convention in 2003. It was ratified in August 2007.

Reviewing is carried out by the UNODC Implementation Review Group, the

convention's monitoring body. The first UNCAC review of Pakistan is currently under

way, and no conclusions or summaries have yet been made public.

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Status of implementation of the conventions

UN conventions fighting illegal drugs

Pakistan is geographically vulnerable to drug trafficking, sharing a 2 430 km-long,

porous border with Afghanistan, the world’s largest producer of illicit opium. According

to the United Nations Office on Drugs Crime (UNODC) 45 % of Afghan heroin is

trafficked through Pakistan. Although drug use in Pakistan is a known — and likely

increasing — problem, credible research into use and the distribution of drug users is

limited. The flow of heroin from Afghanistan poses big security challenges for Pakistani

Law Enforcement Agencies and healthcare system, and has a destabilising effect as it

fuels terrorism, organised crime and corruption.

The United Nations monitoring body, the International Narcotics Control Board (INCB),

has made an assessment of the situation in Pakistan in 2012 with the objective of

reviewing compliance with the three international drug control conventions. The INCB

review identified inter alia the following shortcomings: (i) a need to strengthen the

institutional capacity to ensure the adequate availability of narcotic drugs and

psychotropic substances for medical and scientific purposes, (ii) the need to establish a

monitoring mechanism for movement of precursors, (iii) the need to provide updated and

reliable information on drug demand reduction and increase drug demand reduction

structural framework.

The government of Pakistan is endeavouring to implement its national drug control

master plan as a matter of priority. Recognising the challenges related to health and

security it has made advances in some areas, most notably in the field of supply reduction

and law enforcement. Through the establishment of an inter-agency task force on

narcotics control and other mechanisms, the government has improved the coordination

of various law enforcement agencies in combating drug trafficking. The government has

also made increased efforts to counter drug abuse at various levels. Institutional changes,

as well as legislative and administrative measures and policies, have also been adopted at

the federal and provincial levels to address the emerging challenges in drug control in the

country. The Drug Regulatory Authority of Pakistan (DRAP) has been established and

has assumed responsibility for regulating the availability of narcotic drugs and

psychotropic substances for medical and scientific purposes.

In the INCB’s 2014 annual report it is also noted that the situation is improving with

wider awareness amongst law enforcement agencies, improved capacity of Pakistan’s

Anti-Narcotics Force (ANF) and active role of the Narcotics Control Division of the

Ministry of Interior. At the border with Afghanistan the security agencies have reportedly

seized drugs using UNODC drug testing kits. Trainings have been imparted to the

customs and ANF staff deputed at 12 international airports. In addition, the intelligence-

sharing between Afghan, Iranian and Pakistani anti-narcotics authorities have also

improved. Iranian authorities alone seized 7.5 tonnes of narcotic drugs due to sharing

intelligence with maritime neighbours in the first 10 months of 2013. Likewise, seizures

of heroin at seaports by Pakistani authorities more than doubled from 2012 to 2013

(approaching 1.2 tonnes).

The Ministry of Interior (the narcotics control division) has also established a drug

demand reduction cell, with the following objectives: (i) coordinate all the matters

relating to drug demand reduction, (ii) liaise with provincial governments in preparing

strategy and projects relating to drug demand reduction, (iii) develop a database of NGOs

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and other organisations dealing with drug addiction/treatment and (iv) treatment and

rehabilitation of drug users.

UN Convention against Corruption

The NAB Act of 1999 is by and large in conformity with the requirements of the

convention. Pakistan participates in UNCAC Conference of States Parties and actively

presents the achievements.

The framework for action against corruption is elaborated in the National Anti-

Corruption Strategy (NACS), which was formulated in 2002. The strategy identifies four

key factors responsible for corrupt practices (including misuse or abuse of powers):

economic, social/cultural, developmental and legal/judicial. The government of Pakistan

has designated the National Accountability Bureau (NAB) as its central anti-corruption

authority and for the purpose of international cooperation under the provisions of the

UNCAC. NAB has its own dedicated judicial system. Accountability courts work

independently and only deal with accountability cases mainly focusing corrupt practices

or abuse of public authority. NAB court decisions are challengeable in high courts and in

the Supreme Court of Pakistan. NAB has regional offices in all four provinces.

Since its formation steps have been undertaken to strengthen the capacity and efficiency

of NAB’s operations (including an elaborate training scheme and internal oversight).

According to information from NAB 1 517 inquiries were initiated in 2014 out of which

585 have been completed. In the same year, 462 new investigations were started while

188 cases met their logical conclusion. In 44 cases punishment was awarded while the

verdict of 26 cases was announced in favour of the accused. In terms of performance this

is an increase of 54 % compared to 2013. Among new cases launched are some high

profile investigations against former officials at both federal and provincial level

belonging to the previous government. Complaints have been made by some that the

investigations are biased against members of the opposition.

The first UNCAC review of Pakistan is currently under way (September-October 2015),

conducted by the UNCAC Member States peer-reviewers (the Solomon Islands and

Norway). The Pakistani National Accountability Bureau (NAB) facilitates the review

through provision of information and coordination between the reviewers and the

relevant stakeholders. The review will be finalised in November 2015. At the time of

writing, no conclusions or summaries have been made public.

Conclusions

The government of Pakistan continues its efforts to counter drug trafficking and drug

abuse by improving skills of law enforcement agencies with international cooperation as

well as better intelligence sharing in the region. Pakistan still suffers of weaknesses in its

capacity to monitor illicit activities while at the same time ensuring their availability for

medical and scientific purposes. In this regard, the Narcotics Control Division and the

Drug Regulatory Authority of Pakistan (DRAP) need to work hand in hand. Demand

reduction is a key goal of the national narcotics policy, but a survey to drug abusers

needs to be carried out to assess the scope of the problem.

While efforts to implement the commitments under the UN convention against Corruption

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have improved through a strengthening of the National Accountability Bureau (NAB) the

challenges are still considerable. Efforts hinge mainly on the NAB and are not

mainstreamed across government systems. Pakistan continues to rank low on

Transparency International’s Corruption Perception Index. In 2014 the country was

placed as number 126 out of a total of 176 countries forming part of the survey.

Therefore, efforts must be reinforced. To this end the UNCAC review will provide

important guidelines for how to proceed once its conclusions have been made public.

11.3. Trade and Economy

11.3.1.

Trade Picture

Pakistan’s economy is still quite dependent on agriculture, which accounts for around

21 % of GDP and 43 % of employment (services and industry account for 59 % and

20 % of GDP respectively). Pakistan’s economy has recently shown signs of recovery

after experiencing subdued growth rates of 3-4 % over the past years due to an energy

crisis, a volatile security environment, recurring natural disasters and challenges in

economic governance.

EU imports from Pakistan amounted to EUR 5.5 billion in 2014, an increase of 22 %

compared to 2013. Over 70 % of EU imports from Pakistan are textiles and clothing. The

EU is Pakistan’s first export destination taking around 25 % of Pakistan’s total exports to

the world, followed by the USA (12 %), China (9 %) and the UAE (8 %). Pakistan takes

part in the economic integration efforts within, inter alia, the South Asian Association for

Regional Cooperation (SAARC) and has trade agreements with China, Indonesia,

Malaysia and Sri Lanka.

Around 87 % of Pakistan’s exports to the EU are eligible for GSP+ and over 95 %

actually use the preferences. The enhanced trade preferences under GSP+ are of

particular importance to Pakistan’s textiles and clothing industry, which accounts for 8 %

of GDP, contributes to 50-60 % of total export earnings and provides employment to

38 % of the manufacturing labour force. Pakistan’s top export products such as bed and

toiled linen, denim trousers and leather apparel enter the EU duty free, which would

otherwise be subject to the normal GSP rate of 9.6 % or the MFN rate of 12 %. EU

preferential imports of textiles and clothing from Pakistan increased substantially in

2014, 82 % compared to 2013 (from EUR 2 billion in 2013 to EUR 3.7 billion in 2014)

and preferential imports of footwear increased by 121 %.

11.3.2.

GSP+ Statistics

Figures 11.1-11.3 below describe Pakistan’s utilisation of the GSP+, in the context of its

overall imports to the EU. Pakistan was granted GSP+ status for the first time on 1

January 2014 — prior to this, it was a beneficiary of the GSP (’Standard GSP).

Therefore, the figures below reflect the Standard GSP for 2012 and 2013, and the GSP+

for 2014 and 2014.

Source for all statistics: Eurostat data, as of September 2015.

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Figure 11.1

Pakistan - Imports to the EU, 2012-2015

Figures in thousand EUR

Total imports to EU

GSP/GSP+ eligible imports

GSP/GSP+ preferential imports

GSP/GSP+ utilisation rate

2012

4,097,966

3,490,945

3,239,461

92.80%

2013

4,506,204

3,853,932

2,633,866

68.34%

2014

5,492,732

4,762,400

4,540,342

95.34%

2015 (Q1-2)

3,039,031

2,726,927

2,575,741

94.46%

Trend 2012-

2014

34.04%

36.42%

40.16%

2.74%

Figure 11.2

Figure 11.3

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12. Panama– GSP+ Assessment

12.1. Country Overview

Panama is an upper-middle-income country which in recent years has become the fastest-

growing economy in Latin America, with real GDP expansion averaging over 8 % from

2006 to 2012 and an estimate of 7.3 % in 2014. The new president, Juan Carlos Varela,

from ‘Partido Panameñista’, won the presidential elections on 4 May 2014.

The current main challenges are to ensure a soft landing of the economy to more

sustainable growth levels after the completion of major infrastructure works

(enlargement of the canal) and tackling poverty, inequality, insecurity and corruption.

The steady economic growth allows for the highest GDP per capita in Central America

(USD 13 090). Despite this, however, 25 % of the population lives below the poverty

line, and 14.2 % in extreme poverty, according to UNDP and the World Bank.

Although a stable democracy, Panama still presents a relatively significant level of

corruption, which is a matter of concern for the population. In 2014 Panama ranked 94th

among 174 countries in Transparency International’s Corruption Perception Index.

Several officials are currently under investigation for corruption-related charges,

including former president Ricardo Martinelli. His successor, Juan Carlos Varela,

campaigned on a promise to determinedly fight corruption.

As a crossroads between North and South America and between the Atlantic and Pacific

Oceans, the strategic geographic situation of Panama defines its importance as

international hub for logistics, trade, and finance. The Panama Canal, now undergoing

major expansion works, is the fundamental axis of the Panamanian economy, which is

mainly based on services. However, the canal is also the origin of certain concerns:

contractual disputes have provoked delays in the expansion works. The present anti-

corruption drive has led to increased scrutiny of all contractual arrangements and

activities related to the canal works (and to all public works contracts in broader terms

which, in some cases, could provoke delays), and the implementation of certain ILO

conventions in the Panama Canal area is less effective than in the rest of the country.

This strategic location, and with its developed transportation infrastructure, potentially

makes the country a major drug trans-shipment point and an attractive target for money

launderers. However, Panama remains one of the region’s leaders in drug interdiction.

The most recent universal periodic review (UPR) of Panama in the United Nations

framework took place in May 2015. It noted several main positive aspects since the

country´s last UPR in 2010, including:

•

The ratification of several primary international human rights instruments in 2011

(including the optional protocol to the Convention against Torture and Other Cruel,

Inhuman or Degrading Treatment or Punishment (OPCAT), the International

Convention for the Protection of All Persons from Enforced Disappearance (ICCPED)

and the United Nations Conventions on Statelessness) and the extension of a standing

invitation to thematic special procedures. This was commended by almost all

delegations.

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•

States from all regions welcomed Panama for addressing the situation of women via

measures preventing and punishing violence against women as well as criminalising

femicide.

•

Several delegations also commended Panama for having made progress on the

Millennium Development Goals through a comprehensive policy on poverty reduction

and unemployment.

Among the concerns identified in the UPR of 2015, the need to protect indigenous

peoples and persons of African descent from discrimination and violence was

emphasised several times, along with the longstanding concerns about the Panamanian

penitentiary system.

12.2. Compliance with GSP+ Obligations

12.2.1.

UN Human Rights Conventions (conventions 1-7)

Status of ratification and reporting

Panama ratified all seven United Nations human rights conventions listed in Annex VIII

of the Regulation (EU) No 978/2012, applying a scheme of generalised tariff preferences,

and maintains ratification. A declaration was made to Article 30.1 of the Convention

against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (

Further details on ratification can be found in the annex.

Although Panama generally complies with its reporting obligations to monitoring bodies,

considerable delays were observed in four out of six conventions that require reporting.

There are delays on the reporting for the Covenant on Economic, Social and Cultural

Rights (ICESCR), the Covenant on Civil and Political Rights, the Convention on the

Elimination of All Forms of Racial Discrimination (CERD), the Convention on the

Elimination of All Forms of Discrimination against Women (CEDAW) as well as the

International Covenant on Civil and Political Rights (ICCPR). Panama's deadline for its

next report on the Convention against Torture and other Cruel, Inhuman or Degrading

Convention against Torture and other Cruel, Inhuman or Degrading Treatment or

Punishment, Article 30:

1. Any dispute between two or more states parties concerning the interpretation or

application of this convention which cannot be settled through negotiation shall, at the

request of one of them, be submitted to arbitration. If within six months from the date of

the request for arbitration the parties are unable to agree on the organisation of the

arbitration, any one of those parties may refer the dispute to the International Court of

Justice by request in conformity with the Statute of the Court.

2. Each state may, at the time of signature or ratification of this convention or accession

thereto, declare that it does not consider itself bound by paragraph I of this article. The

other states parties shall not be bound by paragraph I of this article with respect to any

state party having made such a reservation.

3. Any state party having made a reservation in accordance with paragraph 2 of this article

may at any time withdraw this reservation by notification to the Secretary-General of the

United Nations.

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Treatment or Punishment (CAT) has been postponed from 2000 to 2016 by the

monitoring body.

Further details on the compliance with reporting obligations may be found in the annex.

Status of implementation of the conventions

International Convention on the Elimination of All Forms of Racial

Discrimination (CERD)

Approximately 10 % of Panamanians belong to indigenous communities, living in

28.6 % of the national territory. Panama is one of the few countries in the world which is

territorially delimiting specific areas for exclusive use of indigenous population.

Although there are policies and legislation protecting these communities, there is still

much work to be done to improve their living standards, access to public services and

equal distribution, especially in the health sector. Children born in indigenous regions are

often not registered. Indigenous communities also lack adequate access to justice. There

are no effective mechanisms for consultation with them in relation to development

projects, resources exploitation and tourism in their regions. These populations are also

affected by evictions and displacements.

Several actions have been undertaken in the last years to reinforce the protection of the

rights of indigenous peoples. Law 88 was adopted in 2010, ‘which recognises the

languages and alphabets of indigenous peoples of Panama and standards for bilingual

intercultural education’. Similarly, Law 11 was adopted in 2012, ‘which establishes a

special regime for the protections of mineral water and environmental resources in the

Ngäbe Bugle Region’. In 2012, Law 33 created ‘new districts and townships within the

Ngäbe Bugle Region’.

The Vice Ministry of Indigenous Affairs was created in 2013, with the functions of

planning, directing and coordinating the indigenous policies. In 2014, mediation efforts

and governance solutions were conducted in the regions.

Several specific programmes are being implemented to tackle inequality, including the

Mesoamérica Health Programme 2015, the Water and Environment Programme and the

Child Nutrition Programme, among others.

The EU is financing the COHESAL (‘Apoyo a la Cohesión Social’) bilateral programme,

worth EUR 10 million. Implemented by the Ministry of Social Development, it involves

several activities beneficial to indigenous peoples and organisations.

International Covenant on Economic, Social and Cultural Rights

(ICESCR)

Economic, social and cultural rights are guaranteed by the constitution of Panama.

However, despite this, concerns with regard to these rights continue to exist when it

comes to the disadvantages faced by indigenous peoples.

These disadvantages cover healthcare, education and an unequal standard of living in

rural areas. This involves poorer access to public services, larger inequality in the

distribution of income between men and women, and between urban and rural areas, and

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a marginalisation of indigenous communities and Afro-descendants. There is also a

prevalence of child labour in these areas.

Access to quality primary healthcare is unequal, and is worse in particular in rural areas

and among indigenous communities. In some regions mainly inhabited by indigenous

peoples, the maternal mortality rate is four to seven times higher than the national

average.

Convention on the Elimination of All Forms of Discrimination Against

Women (CEDAW)

Domestic violence against women remains an issue of concern in Panama, as does

trafficking of women and girls. The monitoring bodies also noted discrimination against

women in prisons as well as in the area of family relations, in particular with respect to

the minimum age for marriage. However, significant efforts have been made to address

these challenges, as acknowledged by May 2015 UPR. Among the legislative initiatives

that should be mentioned: Law Noº82 of 2013 ‘that takes measures to prevent violence

against women’ and Executive Decree Noº244 of 2012 adopting a public policy on equal

opportunities for women.

Convention against Torture and other Cruel, Inhuman or Degrading

Treatment or Punishment

Prison and detention conditions present significant challenges in Panama. According to

UNODC reports:

•

70 % of persons deprived of liberty in Panama have not been sentenced. This is

mainly due to judicial delays and extensive use of pre-trial detention. In some

cases, the period of pre-trial detention is longer than the maximum sentence of the

alleged crime.

There is an urgent need to reduce overcrowding and to improve prison conditions.

Complaints about poor prison conditions focus on medical assistance, hygiene

and abusive treatment by officials. According to Panama’s own official statistics,

in December 2014, the country had an adult prison population of 15 360, whereas

the real capacity of the prison system was 8 576 people.

Working conditions of prison officials also require improvement.

•

However, there have been efforts to improve the situation. In 2011, Panama ratified the

Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or

Degrading Treatment or Punishment (OPCAT).

The country is undergoing a transition from an inquisitorial to an accusatorial system of

criminal justice, which should reduce judicial delays.

A new penitentiary, ‘Nueva Joya’, was inaugurated in April 2014. This is the largest and

most modern facility in the region, with a capacity of 5 000. ‘Nueva Joya’ will be the

main tool to ease prison overcrowding in Panama. The ‘Nueva Joya’ is already

operational but at limited capacity. Only 650 inmates are present. This is due to the lack

of custodians and other human resources and some pending logistic issues, but the

government is committed to progressively increase occupancy.

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The EU-funded project ‘Security cooperation in Panama (SECOPA)’, worth EUR 28

million, is enhancing the capacity of the General Direction of the Penitentiary System

(DGSP) to provide targeted programmes for the rehabilitation and reinsertion of adult

inmates. SECOPA will also improve the training system for custodians, and support the

establishment of a professional career. The project will finance the completion of an

innovative centre for rehabilitation of minors in conflict with the law, and develop a

modern penitentiary census in the country.

In the 2015 Universal Periodic Review (UPR), Panama also committed to setting up a

national prevention mechanism as required by the optional protocol to the Convention

against torture, which Panama ratified in 2011. Panama also suggested in the UPR that it

was preparing to accept the competence of the Committee against Torture to receive

individual communications regarding Panama.

Convention on the Rights of the Child

Although education is compulsory and free in Panama, physical access to schools is

difficult in rural areas, where child labour is still a reality. The minimum age for

employment is set at 12 years old for agricultural and domestic services. There is also

evidence of involvement of minors in petty crimes and small scale drug trafficking, and

use of firearms in street gangs.

The Universal Periodic Review in May 2015 also noted that the juvenile judicial system

could be improved. Criminal responsibility is set at the age of 12. Moreover, the UPR

suggested that a comprehensive law should be adopted on the protection of children and

young people, and would be especially relevant for indigenous and Afro-Panamanian

children.

To address this and other childhood-related issues, on 6 February 2014, Panama adopted

Executive Decree 108, which establishes the ‘Path to Comprehensive Care for Early

Childhood’. Decree 108 also creates a ‘National Council’ to implement and monitor the

plan, which receives advice from UNICEF.

Future actions and priorities

On the international arena, Panama has recently been elected for the first time in its

history to the Human Rights Council for the period 2016-2018. The country has also

presented a successful candidate, Esmeralda Arosemena de Troitiño, to become a

member of the Inter-American Commission of Human Rights for the period 2016-2019.

The candidate, a former magistrate at the Panamanian Supreme Court of Justice, was

elected for the CIDH post in June 2015.

Internally, President Varela claims that his main priority for Panama during his 5-year

mandate is to achieve real ‘inclusive economic growth’, promoting a strong social

agenda. In more specific terms, Panama has different thematic action plans and priorities

on human rights for 2015 and beyond, such as the following.

On prison and detention rights, Panama is carrying out a whole reform of the system

based on three pillars: (i) respect for the rights and dignity of the detainees and prison

staff, (ii) guarantee of their safety and that of the general population and (iii) reinsertion

of those who have served their sentence. A working plan has been agreed, with short-,

medium- and long-term goals.

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Panama has also indicated that it intends to set up a national prevention mechanism as

required by the optional protocol to the Convention against Torture, and that it is

preparing to accept the competence of the Committee against Torture to receive

individual communications regarding Panama.

With the support of UNICEF, Panama continues to develop and implement the National

Strategic Plan for Children and Teenagers. This process began in 2002, and established

medium-term objectives for 2006, 2011 and 2015, which lead to final goals for 2020.

In its endeavour to achieve equality between men and women, the Minister for Social

Development recently presented the 2015-2019 action plan to achieve equal

opportunities for women. It is intended that this be implemented both by the government

and civil society, which participated in the drafting.

Conclusions

In the regional context, Panama has a good overall record of respect for human rights.

All core United Nations human rights conventions are ratified and implementation is

generally satisfactory. On the procedural side, there is however a need to improve

compliance with reporting obligations to the conventions’ monitoring bodies. Delays are

observed in five out of the six conventions requiring regular reporting.

On the substance, the most important concerns are discrimination against indigenous

communities and citizens of African descent, poor prison conditions, and high levels of

social inequality. Still, these issues are clearly identified by Panama. Significant work

has been done to improve the situation, and continues to be done, with short-, medium-

and long-term initiatives. In recent years, there has been good progress addressing these

matters. Progress has also been noted on women’s conditions, children’s rights and

poverty reduction.

12.2.2.

ILO Labour Rights Conventions (conventions 8-15)

Status of ratification and reporting

Panama has ratified all eight International Labour Organisation (ILO) fundamental

conventions, and maintains ratification. Panama complies with all its reporting

obligations under these conventions.

Status of implementation of the conventions

Freedom of association and collective bargaining (Conventions 87 and

98)

In its latest report from 2013, the ILO Committee of Experts on the Application of

Conventions and Recommendations (CEACR, hereinafter referred to as the Committee

of Experts) welcomed the initiatives in the field of social dialogue and trusted that the

allegations made by the ITUC (International trade union confederation) and FENASEP

(Federación

nacional de Servidores Públicos

— National Federation of Public Servants)

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concerning the refusal of the administrative authority to grant legal personality to a

number of trade unions will be dealt with in the context of the Committee for the Rapid

Handling of Complaints.

Panama informed that the Complaints Commission has examined the cases of public

sector union leaders dismissed by the previous administration. It adopted two resolutions

which recommend the reinstatement and payment of wages to 44 of them, considering

that some dismissals had violated trade union immunity and generally been in the context

of persecution against the union leadership. The government would now be reinstating

these union leaders and ready to meet the commitment. The Committee of Experts

trusted that, in the context of the tripartite dialogue which has been initiated, the national

legislation will be brought fully into conformity with the convention. It requested the

government to inform on any developments in its next report due in 2015.

In its previous comments the Committee of Experts had also noted restrictions on

collective bargaining in the maritime sector, which in practice leads to the denial of

workers’ claims by employers and about which an application had been filed for this

legislation to be found unconstitutional. In its reply, Panama mentioned that, since 2012,

the Commissions of the Tripartite Agreement of Panama (the Commission of the

Tripartite Agreement of Panama or ‘Adjustment Commission’ and the Commission

dealing quickly with complaints on Freedom of Association and Collective Bargaining or

‘Complaints Commission’) have remained operational and made significant progress

since the installation of the new government in July 2014. They have been legally

recognised as of September 2012 and officially attached to the Office of the Minister of

Labour and Workforce Development through a resolution from May 2014.

Forced labour (Conventions 29 and 105)

In a report published in 2014, the Committee of Experts encouraged the government to

pursue its policy of zero tolerance towards the scourge of trafficking in persons. It

requested to continue with the necessary steps to implement the National Plan against

Trafficking in Persons, and to provide information on the evaluation of the

implementation as well as the achievement of its objectives. As it is essential to punish

persons found guilty of this criminal offence, the Committee of Experts also requested

the government to indicate the measures taken to strengthen law enforcement bodies, so

as to overcome the obstacles to identifying instances of trafficking in persons and thus

ensure adequate protection of the victims.

The national administration replied that it has actually made progress addressing

trafficking, as among others, the adoption of a 2011 law on trafficking and related

activities, through which the National Commission against Human Trafficking was

created. Panama further adopted the National Plan to Combat Human Trafficking, which

aims to design a national policy in this respect. For 2015, the National Commission

against Human Trafficking has scheduled the following activities: training for security

and counter staff of Bern Enterprises; introduction to the academic curriculum for

counter, security and surcharge personnel for COPA and training the personnel of the

Panama Canal Authority. The next report on this convention is due in 2016.

In its latest report from 2014, the Committee of Experts requested the government to

indicate the state of progress in adopting a bill regulating the penitentiary system. It

hoped that Panama will take this opportunity to amend this act to establish the voluntary

nature of the work carried out by persons sentenced to imprisonment. This would bring

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the legislation in line with the practice described by the government and guarantee that

no person taking part in a strike or expressing political views could be punished by a

prison sentence involving compulsory prison labour.

Worst forms of child labour (Convention 182)

In its latest report from 2014, the Committee of Experts asked the government to provide

information on the number of investigations, prosecutions and penal sanctions applied for

child pornography and the use, including statistics on the number and nature of the

violations reported. It requested the administration to strengthen the capacity of law

enforcement agencies in order to ensure that the perpetrators are prosecuted and that

effective and dissuasive penalties are imposed. The Committee of Experts requested

effective measure concerning vulnerable groups such as children of indigenous peoples

and of Afro-descendants.

In this regard, the government was also asked to give information on the results achieved,

in particular, through the ILO–IPEC project. The IPEC supported the design and the

implementation of the roadmap to make Panama a child labour-free country. The

roadmap is the government’s policy with regards to child labour and it defines the

institutional responsibilities of all institution. The government will launch soon the new

programing of the roadmap (2015-2017) and the operating plan. The government’s goal

is to ensure that Panama will be the first country in Latin America to eliminate child

labour by 2020. Moreover, the government announced that it has begun the process of

ratification of the protocol of 2014 to the Forced Labour Convention.

The Committee of Experts reiterated its request to provide information on these issues.

The next report on this convention is due in 2016.

Minimum age for work (Convention 138)

In its report published in 2015, the Committee of Experts noted with interest that the total

number of children under 18 years engaged in labour fell by around 44 % in 4 years

(89 767 in 2010, compared to 50 410 in 2012). Child labour is mainly concentrated in

rural areas (73 %) and concerns boys in particular (74 %). Nevertheless, the Committee

of Experts observed that, despite the progress achieved since 2008, the number of

working children aged between 5 and 11 years increased significantly, particularly

among girls (304 in 2010 compared to 2 190 in 2012). While welcoming the various

measures and programmes implemented by the government to achieve the effective

abolition of child labour, the Committee of Experts requested it to continue taking

measures for the elimination of work by under-14-year-olds with special attention to

girls.

The Committee of Experts noted the government’s indication that a bill on the protection

of children has been submitted to the National Assembly and expressed the firm hope

that it will be adopted in the near future and will contain provisions regulating the

performance of hazardous types of work in vocational training institutions. However,

based on information from the Ministry of Social Development (MIDES) on 2 August

2015, a technical commission is still working on a draft bill for a law on the protection of

children and adolescents.

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Elimination of discrimination (Conventions 100 and 111)

In its 2013 report, the Committee of Experts asked the government to provide specific

information on the measures adopted on the elimination of unequal remuneration

between men and women. It also asked information on the measures adopted for the

promotion of collective bargaining as an instrument for the elimination of inequalities in

remuneration and their impact on the collective agreements that are concluded. It further

emphasised the importance of ensuring that labour inspectors are provided with

appropriate training with a view to ensuring the effective implementation of this

principle.

Apart from that, the Committee of Experts requested to continue providing information

on the creation of a higher labour council and on any decision the council might take on

amending the labour code so as to give legislative expression to the principle of equal

remuneration. Moreover it invited the government to keep on taking steps regarding

education and vocational training so as to broaden women’s employment opportunities,

and reduce the marked occupational segregation and gender pay gaps.

The Committee of Experts as well appealed to the government to effectively raise the

awareness of workers of the relevant legal protections and dispute resolution procedures

and processes available with respect to sexual harassment. In addition, it encouraged the

administration to continue carrying out (awareness-raising) training on sexual

harassment, in cooperation with the social partners, targeting all the actors involved as

well as institutions responsible for rule enforcement.

It also asked for information on measures taken within the framework of the National

Plan of Action for the Full Inclusion of Black Ethnic Groups with a view to promoting

equality of opportunity and treatment for the Afro-Panamanian population. For its part,

Panama recalled that the regional office of the UN High Commissioner for Human

Rights (OHCHR) has recognised the work done by the National Commission against

Discrimination and the Secretariat of the Council for Black Ethnicity, as well as the

educational policies established by the government to promote cultural diversity and

express tolerance in schools.

Moreover, the Committee of Experts requested the government to continue to take the

necessary measures to raise the level of education of indigenous women as well as

increase their training opportunities in order to improve their opportunities in

employment and occupation. It also asked the government to continue providing

information on the measures taken with a view to the integration into the labour market

of persons with disabilities and the impact of such measures.

On a final note, Panama reported that official figures show that during January to March

2015, 267 applications from job seekers were treated through the Department of

Socioeconomic Integration of Persons with Disabilities, of which 54 were placed and 77

benefited indirectly, both men and women. The next report on this convention is due in

2017.

Future actions and priorities

Panama still meets problems with its reporting obligations. The regular reports on the

implementation of ILO conventions are rather late, while quality suffers due to lack of

capacity in the government to coordinate internally and among others ministries. Either

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the reports contain partial responses or they do not respond to the Committee of Experts

on the application of conventions and recommendations’ comments (CEACR). In the

case of the Committee on Freedom of Association (CFA), the situation is the same.

Moreover there is also a lack of capacity or knowledge from employers’ and workers’

organisations on reporting process.

After some technical assistance in the last past years, the new Ministry of Labour is now

moving to strengthen its capacity and is in the process of preparing a plan to revamp its

work, in particular regarding the unit dealing with ILS Reporting and enhance its

capacity. Almost all previously pending reports on compliance with labour standards

have been submitted to the ILO (just one has not been submitted yet). The government

has requested technical support from ILO.

Conclusions

Panama has ratified all eight ILO fundamental conventions and broadly complies with

the conventions. However, the Committee of Experts has identified shortcomings in terms

of legislative alignment and practice, and issued corresponding recommendations, in

particular on Conventions 111, 138 and 182.

As regards child labour, the EU observes favourably the goal set up by the government

to eliminate the worst forms of child labour, and child labour completely by 2020.

Panama should be encouraged to continue its efforts.

12.2.3.

UN Conventions on Environmental Protection and

Climate Change (conventions 16-23)

Status of ratification and reporting

Panama has ratified all GSP+-relevant conventions on environmental protection and

climate change, and maintains ratification.

Panama complied with the reporting obligations under the relevant conventions, with the

exception of CITES (Annual reports for 2012, 2013, and 2014 due, biennial reports for

2009-2010, 2011-2012, and 2013-2014 due), Basel Convention on the Control of Trans-

boundary Movements of Hazardous Wastes and Their Disposal (Reports for 2009, 2010

and 2013 due) and the Stockholm Convention on Persistent Organic Pollutants (1st and

3rd National Reports due).

Panama ratified both the UN Framework Convention on Climate Change and the Kyoto

Protocol in 1995. As a non-Annex I country, its obligations under both the convention

and the protocol are limited. Regarding the UN Framework Convention on Climate

Change Panama submitted its second national communication to the UNFCCC in March

2012.

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Status of implementation of the conventions

Convention on International Trade in Endangered Species of Wild Flora

and Fauna (CITES)

Panama reported that there are capacity constraints for implementation of the CITES

Convention, as it does not have a bureau and dedicated staff to address the issues related

to CITES. Panama reported that the Secretariat of the Convention will move from

National Environmental Authority to Ministry of Environment. Panama reported that the

Annual Report for 2013 has not yet been submitted due to distribution of competence and

limited capacities of the programme for issuance of CITES permits.

Panama has repeatedly failed to comply with its reporting obligations under CITES. The

CITES Secretariat reported in November 2015

that Panama had failed to submit its

annual reports for three consecutive years and, pursuant to CITES Resolution Conf.

11.17 (Rev. CoP16), invited the CITES Standing Committee to consider the adoption of

a recommendation for the suspension of all trade in CITES products from and to Panama

at its 66th meeting in January 2016, which is the most severe compliance measure under

CITES.

The government pledged to intensify patrols and surveillance control especially in areas

close to the protected areas, because poaching increases at certain times of the year,

which weakens the permanence of protected species.

Among the major achievements and developments, Panama mentioned that the

provisions of the last COP16 CITES convention are being monitored on the issue of

including sharks and manta species in Appendix II thereto. Besides participating in

regional meetings for the preparation of the opinions of non-detriment findings, it has

conducted internal meetings with government entities and the CITES scientific authority

of Panama.

Furthermore, the Interior Department of the United States funded a consultancy with the

aim of updating the procedures manual for actions on wildlife, mainly those connected to

issuance of CITES permits.

Among its planned actions and priorities, Panama emphasised that the programmes for

processing CITES permits should be updated, in order for it to provide reliable statistics

of the permits process, with its list of species for each permit. Additionally, Panama

plans to establish a special office to address CITES issues specifically.

Basel Convention

Among the major achievements and developments, Panama noted that it has revised,

developed and updated regulations on hazardous waste such as: collection, storage,

transportation, treatment and disposal. Likewise, among the actions and priorities of the

country for the period 2014 to 2015, Panama enumerated reviewing and updating the

legal framework in the country, encouragement of the use of new technologies in the

environmentally sound management of hospital waste and electrical and electronic and

https://cites.org/sites/default/files/eng/com/sc/66/E-SC66-30-01.pdf

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hazardous waste, adaptation of the legal framework to new trends in management of

hazardous waste and waste electrical and electronic equipment and capacity-building

issues related to hazardous waste management.

Convention on Biological Diversity

There were no salient shortcomings identified in Panama in 2014-2015 as regards the

implementation of the Convention on Biological Diversity, although biodiversity loss has

not been halted, and concrete measures to implement the convention should be

strengthened.

Stockholm Convention on Persistent Organic Pollutants

Among the main achievements and developments that can be highlighted is the launch of

the National Implementation Plan for of the Convention of 2009. As for priority actions

for the country for the period 2014 to 2015, Panama reported on the approval before the

Global Environment Facility (GEF) of the National Implementation Plan Review, the

approval of the Framework Law on Supervision of hazardous substances and wastes,

updating the Diagnosis for waste management, updating the inventory of dioxins and

furans, and tracking the National Inventory of Polychlorinated Biphenyls (PCBs) for the

export of wastes to countries that have the technology to do it.

The Ministry of Health has worked on a National Implementation Plan to implement the

Stockholm Convention. To date, some of the results are:

•

national profile for chemical substances COP (final phase);

socio-economic study on the application of the Stockholm Convention (final

phase);

developments on the design and establishment of a national information system

on COP;

identification of institutional needs and review of the regulatory framework;

developments on information-gathering on environmental problems and human

health related to COP.

With regard to the constraints on the implementation, Panama reported that there is a

need for more specialised staff and a proper institutional budget.

Panama reported that future actions will be taken to comply with ‘green customs’

concerning the coordination of actions to train customs officials and the Ministry of

Health, working in ports to improve control and the monitoring of chemicals and waste

covered by different conventions on chemicals. Furthermore, Panama should comply

with what was stated in the PIN and implement the Framework Law for the Supervision

of Substances and Hazardous Waste to improve the management of POPs, so it can have

long-term development budget to enforce the activities contained in the plan of

implementation in order to rely less on external inputs. Training will be organised for

customs brokers and a project for strengthening national capacities for the

environmentally sound management of electrical wastes or equipment (WEEE) will be

launched.

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Panama reported that there is a need for more specialised staff and a proper institutional

budget. It indicates that it has launched a number of initiatives to improve the

implementation of these conventions, but clarifications on timelines for these initiatives,

and information on how they will achieve the required objectives, were not provided.

No further information was provided regarding the missing reports or any further

measures taken to effectively implement the convention.

Convention on Biosafety (Cartagena)

Panama ratified the Cartagena Protocol on Biosafety on 1 May 2002.

Panama has no salient shortcomings regarding its reporting obligations under the

protocol, according to the report of the Compliance Committee of 28-30 May 2014.

Panama submitted its 1st National Report due in 2007 and the 2nd National Report due

in 2011.

Concerning implementation of the protocol, Panama informed in its 2nd National Report

that the domestic regulatory framework is partially in place. The legal instruments

established for the implementation of national framework for biosafety are: Law 72 of 26

December 2001 and Law 48 of 8 August 2002. At the institutional level about 23

officials are involved in the National Biosafety Commission, the National Focal Points

and Members of the Sector Committee of Agricultural Biosafety. In its report Panama

also informed that it has not introduced any procedures for living modified organisms

(LMOs) intended for direct use as food or feed, or for processing (FFP). Panama has

identified the need for financial and technical assistance and capacity building in respect

of LMOs-FFP. Panama in 2011 did not have a strategy of awareness, education and

participation of the public in regard to the safe transfer, handling and use of LMOs.

Conventions on Climate Change

Panama was in compliance with the Montreal Protocol in 2013 and 2014, and continued

with progress the regulations and activities planned under its hydrochlorofluorocarbon

(HCFC) phase-out management plan. Panama complied with its commitment to ban

imports of pure HCFC-141b for use in refrigeration servicing and is planning controls on

imports of HCFC-based equipment. Panama has already issued HCFC import quotas for

2015 in accordance with the Montreal Protocol control targets.

In 2007, The Ministry of Environment (MIAMBIENTE) developed the National Strategy

on Climate Change. This strategy emphasises on areas such as adaptation, mitigation and

technology transfer, in order to establish lines of action to reduce environmental

vulnerability and to improve living standards. The Alliance for One Million Deforested

Hectares Initiative aims to mitigate climate change and global warming.

As a member of the UN Convention on Climate Change, Panama has created a project

called ‘REDD+’ to reduce greenhouse gas emissions to comply with was is expected to

be adopted during the COP-21 Conference, to take place in Paris at the end of the year.

The REDD+ project includes: reduction of deforestation, sustainable management of

forest, among others. Panama is a member of the Coalition for Rainforest Nations

(CfRN).

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Panama submitted to the UNFCCC Secretariat its Second National Communication in

2012. It still needs to submit its First Biannual Progress Report, which was due by the

end of 2014. Panama has not yet submitted its Intended Nationally Determined

Contribution (INDC) to the 2015 Paris Climate Agreement. While INDCs outlined

countries' intended actions on climate change, their submission or contents are not

directly relevant for determining compliance with the GSP+.

Conclusions

Notwithstanding the efforts deployed, Panama still does not properly comply with its

reporting obligations under the CITES, Stockholm and Basel Conventions. Greater

resourcing and strengthened action is required to fully implement the commitments

under these three conventions, as well as the commitments under the Convention on

Biological Diversity. Panama indicates that it has launched a number of initiatives to

improve the implementation of these conventions, but it would be important for Panama

to provide clarifications about the timeline for these initiatives as well as information on

how these initiatives will achieve the required objectives. Panama complies with the UN

Conventions on Climate Change, and has launched a limited number of actions and

projects to implement its commitments.

12.2.4.

UN Conventions on Good Governance (conventions

24-27)

Status of ratification and reporting

Panama ratified the three United Nations Conventions on Narcotics Drugs, Psychotropic

Substances, and against illicit traffic in Narcotic Drugs and Psychotropic Substances

respectively on 4 December 1963, 18 February 1972 and 13 January 1994. It has

maintained ratification of all conventions. Panama has expressed a reservation to

paragraphs 1 and 2 of Article 5 of the convention on illegal traffic of drugs and

psychotropic substances obligating parties to apply the measures of confiscation or

seizure to property the value of which corresponds to that of the proceeds derived from

offences established in accordance with the convention, in so far as such measures would

contravene the provisions of the constitution of Panama.

The United Nations monitoring body (INCB) has appraised the situation in Panama in

2013 with the objective of reviewing compliance with the three international drug control

convention to which Panama is a party.

Panama ratified UNCAC on 23 September 2005, and maintains ratification. They have

complied with their reporting obligations, and the executive summary and full report of

the first phase of reviews have been available on UNODC website since June 2013.

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Status of implementation of the conventions

UN conventions fighting illegal drugs

The strategic location of Panama in Central America, along with its developed

transportation infrastructure, makes it a major drug transshipment point and an attractive

target for money laundering. Panama is also with Costa Rica among the 70 countries that

reported the appearance of new psychoactive substances, a growing trend which poses

challenges to the regulatory and enforcement authorities and carries serious health

consequences, as the effects of such substances on the human body are not fully

understood or known. Panama remains however one of the region’s leaders in drug

interdiction.

Panama is replacing its inquisitorial justice system through a phased transition to a faster

and more transparent accusatory justice system, which the EU is supporting (see below).

The system has been implemented in four of Panama’s 10 provinces. In these four

provinces, case processing times have been reduced. Nevertheless, the implementation of

the system is still a challenge for Panama in terms of financial and human resources.

Despite this measure of progress, justice sector institutions have difficulty pursuing

money laundering, complex financial crimes, and criminal forfeiture cases and remain

susceptible to corruption. The EU cooperation is also a key partner in these fields.

The current magnitude of drug abuse in Panama may not be fully reflected by the latest

national surveys, which were conducted in 2003 and 2008. Panama funds a number of

drug demand reduction programmes and benefits from different funding sources (US,

EU, IABD, etc.). The lack of up to date drug demand study makes it difficult to assess

current trends, and provide efficient drug demand policy, especially targeted at

youngsters. The institution devoted to coordinate drug demand reduction policies

(CONAPRED) needs to be enhanced in terms of financial and human resources and

efficiency as a whole. During 2015/2016 new data will be collected about drug demand

through the household survey.

In recent years, Panama has taken legislative and policy measures to meet its

commitments under the three United Nations conventions. Important progress has been

achieved in terms of institutional development and with the adoption of the national drug

strategy for the period 2012-2017. The strategy describes the underlying national

proposal to reduce the demand and supply of drugs, prevent and punish the activities

related to drugs and related crimes, including serious crimes. In 2012 the National

Citizen Security Strategy (EPSC) was adopted (currently under review) which also

addressed drugs issues mostly from the preventive side. It also aims to coordinate a

whole-of-government approach to combatting crime, and includes joint efforts on

prevention and demand reduction programs.

Procedures have been established for control and supervision of precursors and essential

chemicals. Panama is also currently considering taking new legislative measures to

regulate activities and use of controlled substances/drugs for medical purposes and/or

scientific purposes nationwide. Necessary changes to modernise the health standard have

been included which would allow import, manufacture, marketing, prescription and

dispensing processes to be performed in a swift way.

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In Panama, national institutions continued the process of strengthening and restructuring

their national intelligence systems. The National Directorate of Police Information was

strengthening its institutional development plan, entitled Plan Orion, whose main

objective was to optimise the capabilities of the directorate with regard to the production

of intelligence on criminal targets that threaten public safety. In 2014, Panama built on

past efforts to strengthen and improve its security institutions, enhance interdiction

capacity and ensure citizen security. The Ministry of Public Security’s budget increased

by 10 % over 2014 levels, the sixth straight year of increase.

On 31 March 2015, the Law 11 on international penal mutual legal assistance was

approved. It should help Panama in dealing with complex international cases.

The EU funded project ‘Security cooperation in Panama (SECOPA)’ — EUR 28 million

— is also supporting activities addressing drug demand and offer:

•

institutional enhancement of the national institutions’ (particularly the Ministry of

security) capacity to achieve their strategic objectives in relation to citizen

security needs in terms of prevention, control and rehabilitation/reinsertion,

following the principles of the EPSC;

improvement of the data and analyses on crime and drugs offered by the national

SIEC (Integrated System for Criminal Statistics) and use them for decision-

making and designing public policies and programs;

establishment of a technological platform of information and intelligence sharing,

co led by the National Security Council and the Minister of Public Security;

strengthening the effectiveness and impact of prevention and assistance

programmes (drug demand) developed under the EPSC;

strengthening of the Panamanian Public Prosecution Service in the fulfilment of

relevant duties and constitutional functions, through an effective criminal

prosecution (specialised services, e.g. against transnational organised crime),

assistance to victims, and protection of witnesses and other parties in criminal

proceedings.

•

Panama is devoting a considerable amount of resources to speed up the transition to the

penal accusatory system; the assigned budget was USD 14.1 million in 2014. The data

concerning the first four provinces where the system is already applied confirm a

reduction of 60 % of the average waiting time (compared to the old system) to have a

final sentence at the court of first instance.

The current government set security as a priority of its Government Plan 2014-2019.

Concerning the fight against drugs, this administration shifted its attention toward

prevention, as well as toughening the fight against corruption, money laundering and

financing of terrorism. It also will address institutional strengthening, improvement of

technology assets and there is interest in better addressing human trafficking as another

consequence of transnational crime activities.

The annual report of the International Narcotics Control Board (INCB) in 2014 noted that

Panama has taken legislative and policy measures to meet its commitments under the

conventions. In particular, significant progress was noted in terms of institutional

development and the adoption of the national drug strategy for the period 2012-2017.

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UN Convention against corruption

In 2015 the investigation of claims that the previous administration had inflated multi-

million-dollar contracts is proceeding. The newly elected president, Juan Carlos Varela,

campaigned on a promise to clean up Panamanian politics. Several officers are currently

under investigation for corruption related charges. The ex-president, Martinelli, is also

under investigation in absentia. He is presently out of the country.

The US International Narcotics Control Strategy Report (INCSR) 2014 states that

corruption remains a concern throughout the security services, customs, and justice

sector. Some isolated cases of security-service members involved in trafficking were

identified and prosecuted in 2014.

In 2014 Panama was added to the Grey List of Financial Action Task Force (FATF), due

to its strategic AML/CFT (anti-money laundering/combating the financing of terrorism)

deficiencies. In addition to measures to directly address money laundering and terrorist

financing, there are specific recommendations on enhanced transparency to enable

customer due diligence. In April 2015 Panama adopted a new legislation on money

laundering (Law 23) addressing this crime plus that of financing of terrorism and

financing related to weapons of mass destruction.

A special commission was created to address the issue of being on the FATF Grey List.

It is headed by the Ministry of Foreign Affairs. There have been a number of other

responses, including enhancing the National Authority for Transparency and Access to

Information (ANTAI) as well as making it more independent. ANTAI is working to

create a network of 96 ethics officers in several public institutions all around Panama. At

the same time, hotlines for customer/public whistle-blowers have been set up in the

general attorney’s office and in the office of the comptroller general of the republic.

In terms of progress in the legal framework, several laws are under review or are being

drafted: (i) review of Law 59 of 1999 about the prevention of administrative corruption,

(ii) drafting of a law for the protection of whistle-blowers and (iii) drafting a law ruling

the career in the judicial system. Furthermore, a judge of the Supreme Court was

convicted of corruption in December 2014. This is the first time this has happened.

Shortcomings still remain, including on formalising and improving the rules on public

service. Although some institutions are addressing this problem, it is not a general trend.

Further action is also required to reform the law for public procurement, introduce rules

on conflict of interest, and to promote asset and income declarations. These could be

augmented by increasing resourcing for anti-corruption institutions.

Conclusions

The lack of up to date drug demand data makes it challenging to assess current trends.

However, the government of Panama is implementing several projects to improve its

collection of such data. More generally, Panama has taken a wide range of legislative

and policy measures to meet its commitments under the three UN conventions. It

continued its support for joint counter-narcotics operations and investigations in 2014,

while continuing to invest in building its own capacity and strengthening its own

institutions. Importantly, Panama is focusing on strengthening its justice and penal

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system, as a part of its wider security agenda. Panama remains one of the leaders in

drug interdiction in the Central America region, but should continue its efforts to better

understand and tackle the drug demand phenomena.

Panama is taking significant steps to improve its fight against corruption. Despite

identified deficiencies on anti-money laundering and countering the financing of

terrorism, Panama is addressing very seriously its position on the FATF Grey List issue.

It is prioritising actions that in the short term could achieve the revision of the FATF's

decision, while also enacting longer-term legislative changes. Panama should continue

its efforts to improve its fight against corruption, including by ensuring that anti-

corruption bodies are adequately resourced, and by strengthening the rules on public

service across all institutions.

12.3. Trade and Economy

12.3.1.

Trade Picture

Panama’s export basket is composed essentially of food processing, paper making and

non-metallic mineral industries, although services comprise the largest part of exports by

far. According to the World Bank, the country has a GDP of USD 46.213 million, with

an annual growth rate of 6.2 % for 2014, providing a GNI per capita based on PPP of

USD 19 930. Panama’s major business partners are the United States, the European

Union and China. The country imports from the United States, China and Mexico.

In 2014, Panama’s exports to the EU were bananas, cargo ships, rubber tires, pineapples

and transatlantic ships and total exports in goods accounted for a modest USD 505

million. Panama has 10 free trade agreements with major partners, among them the

Association Agreement between European Union and Central America, United States-

Panama FTA, Central America-Chile FTA and Peru-Panamá FTA.

As a result of the EU-Central America Association Agreement, provisionally applied

since August 2013, Panama will be removed from Annex II of the GSP Regulation from

January 2016. As consequences of this, Panama will also cease to be a GSP+ beneficiary

from the same date.

12.3.2.

GSP+ Statistics

Figures 12.1-12.3 below describe Panama’s utilisation of the GSP+, in the context of its

overall imports to the EU. The reduction in imports benefiting from GSP+ preferences in

2014 is a result of the alternative preferences available under the EU-Central America

Association Agreement.

Source for all statistics: Eurostat data, as of September 2015.

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Figure 12.1

Panama - Imports to the EU, 2012-2015

Figures in thousand EUR

Total imports to EU

GSP+ eligible imports

GSP+ preferential imports

GSP+ utilisation rate

2012

400,819

103,344

82,616

79.94%

2013

652,446

112,494

67,169

59.71%

2014

436,396

140,485

8,141

5.80%

2015 (Q1-2)

255,041

76,960

3,729

4.85%

Trend 2012-

2014

8.88%

35.94%

-90.15%

-92.75%

Figure 12.2

Figure 12.3

232

13. Paraguay– GSP+ Assessment

13.1. Country Overview

Democracy was restored in Paraguay in 1989 after a succession of authoritarian

governments, culminating in the overthrow of Alfredo Stroessner. The 1992 constitution

established a democratic system of government and protection of fundamental human

rights. National politics was dominated by the conservative Colorado Party until former

Catholic bishop Fernando Lugo won the 2008 presidential elections with a political

agenda focussing on social equality. After the impeachment of President Lugo in June

2012, Paraguay’s membership of regional organisations UNASUR and MERCOSUR

were suspended. The suspension was lifted when Horacio Cartes took office in August

2013 after winning the Presidential elections for the Colorado Party.

The political priorities of President Cartes include reducing poverty and social inequality,

enhancing education and social protection, increasing transparency and fighting

corruption. The government has taken steps to improve governance, reduce corruption

and make information more easily accessible to the public. Legislation on free access to

public information and government transparency came into force in 2015, providing for

access to information, e.g. on public sector salaries and public contracts.

The government is also taking action to reduce poverty and inequality. However,

Paraguay still has one of the world’s largest disparities in wealth distribution, affecting

particularly rural areas and indigenous communities. Lack of access to land is a key issue

affecting rural communities. According to the 2008 census, 80 % of agricultural land is

held by 1.6 % of landowners. The constitution stipulates that indigenous people,

representing 1.7 % of the total population, are entitled to the ownership of their ancestral

land. Yet, it is estimated that half of the indigenous communities own their land. In 2014,

extreme poverty increased slightly, reaching 10.5 % (compared to 10.1 % in 2013) and

inequality (Gini coefficient) increased from 0.48 (2013) to 0.51 (2014). The scope for

improving social investment is limited, among other factors, by the low tax revenue.

Apart from continuing poverty reduction, the need to strengthen institutional capacities

and the justice system remain important challenges.

Paraguay is South America’s main cannabis producer and a transit country for cannabis

and other drugs (mainly cocaine), which creates a challenging frame of security concerns

and organised crime. The government is giving priority to fighting drug production and

organised crime.

Paraguay is the second largest recipient of bilateral EU development assistance in Latin

America (EUR 168 million in 2014-2020). Assistance will focus on education, social

protection and private sector development as well as democracy, participation and

institutional strengthening.

233

13.2. Compliance with GSP+ Obligations

13.2.1.

UN Human Rights Conventions (conventions 1-7)

Status of ratification and reporting

Paraguay accessed or ratified with no reservation the seven UN human rights

conventions relating to the GSP+ programme, and maintains ratification. Further details

on the accession or ratification can be found in the annex.

Paraguay complies with all its reporting obligations to monitoring bodies, with the

exception of the Convention against Torture, as the country report due in November 2015

has not yet been submitted.

Status of implementation of the conventions

International Convention on the Elimination of All Forms of Racial

Discrimination

As regards the International Convention on the Elimination of All Forms of Racial

Discrimination, Paraguay needs to increase efforts to tackle discrimination of indigenous

communities, and in particular indigenous women, suffering from socioeconomic

disparities, discrimination, and limited access to land and natural resources. The UN

special rapporteur on the rights of indigenous peoples noted in August 2015 that while

Paraguay’s constitutional framework recognises the rights of indigenous peoples, there is

a widespread lack of legal protection for indigenous peoples’ rights over their lands and

resources as well as widespread poverty.

In order to reduce the socioeconomic disparities affecting indigenous populations, the

Paraguayan authorities adopted a care protocol for indigenous communities in January

2015, which foresees consultation and inclusion of indigenous communities in

programmes and projects. The authorities have also organised programmes and

workshops in the field of education and carried out actions to inform indigenous

communities of their electoral rights and obligations.

In 2014, Paraguay adopted legislation that will allow the return of traditional land to the

Sawhoyamaxa community, to implement the judgements of the IACHR on restitution of

ancestral lands to originating peoples. Restitution of land to other communities, such as

the Yakye Axa and Xakmok Kasek, is on-going.

In order to tackle the discrimination of indigenous women, the Ministry of Women and

the Paraguayan Institute for Indigenous People (INDI) intend to conclude a cooperation

agreement.

International Covenant on Civil and Political Rights (ICCPR)

In 2015, the Paraguayan authorities, together with the IOM, took further steps to combat

trafficking in human beings (prevention campaigns on sexual exploitation of children and

234

adolescents, preparation of the National Plan to prevent trafficking in human beings,

which is expected to be adopted in 2015).

However, the International Covenant on Civil and Political Rights has identified in

particular the following shortcomings:

•

insufficient investigation/prosecution of the assaults and killings of human rights

defenders, in particular

campesinos

and indigenous defenders;

trafficking in women and children, especially for purposes of sexual exploitation

or child labour, and poor prosecution of such crimes;

the high proportion of inmates in pre-trial detention, as well as overcrowding and

living conditions in prisons;

difficulties of the detainees in having access to legal assistance.

After the last concluding observations of the Human Rights Committee (

), followed by

the observations of the UN Committee on Missing Persons in September 2014, the

Paraguayan government de-blocked USD 150 000 to identify the bodies of victims of the

1954-1989 dictatorship. The committee was concerned that judicial investigations have

not yet been completed in many cases of violations of the right to life, including

disappearances, torture, extrajudicial executions and illegal detention between 1954 and

1989 and during the transitional period up to 2003.

Paraguay has taken measures to facilitate voting of people with disabilities, such as

registration campaigns, the possibility to vote at home for citizens with a severe

disability, training of election civil servants to register and assist disabled voters,

dedicated conferences and seminars.

A care protocol for access to justice for people with psychosocial disabilities has been

adopted and the authorities have organised capacity building on related issues.

International Covenant on Economic, Social and Cultural Rights

(ICESCR)

Several programmes have been carried out to promote and protect the rights of children

and adolescents, in particular

Abrazo,

aiming to eliminate the worst forms of child

labour, and

Painac,

aiming to decrease the number of street children. A 2010-2015

national plan for prevention and eradication of sexual exploitation of children and

adolescents is under implementation.

In 2014, Paraguay adopted legislation that will allow the return of traditional land to the

Sawhoyamaxa community, to implement the judgements of the IACHR on restitution of

ancestral lands to originating peoples. Restitution of land to other communities, such as

the Yakye Axa and Xakmok Kasek, is on-going.

However, there are several continued concerns regarding the implementation of the

ICESCR. According to the last concluding observations of the Committee on Economic,

http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CCPR/C/PR

Y/CO/3&Lang=En

235

Social and Cultural Rights (

), these relate in particular to the lack of a coherent

mechanism in place for dealing with indigenous land claims including the measures

needed to ensure that free, prior and informed consent is obtained from indigenous

peoples in relation to the enjoyment of their economic, social and cultural rights. Other

concerns relate to the ill-treatment, sexual abuse and labour exploitation of children

working in domestic services.

Convention on the Elimination of All Forms of Discrimination Against

Women (CEDAW)

A general anti-discrimination law has not yet been passed.

A draft law on gender violence is currently under consideration in parliament, with a

view to adoption by the end of 2015. If adopted, the law will contribute to tackle issues

such as trafficking, gender discrimination, sexual harassment and lack of equal

opportunities between men and women.

Implementation shortcomings with regard to the Convention on the Elimination of All

Forms of Discrimination Against Women concern in particular persistence of unpaid

domestic labour of young girls (child labour), the vulnerable situation of indigenous

women with regard to adequate food and safe drinking water, low participation of

women in decision-making bodies and public life, wage gaps between men and women

and high illiteracy rate among women, especially in rural areas. Action against domestic

violence should be stepped up. Abortion remains generally criminalised.

Convention against Torture and other Cruel, Inhuman or Degrading

Treatment or Punishment

Paraguay’s National Mechanism of Prevention of Torture (NMPT), established in 2011,

was set up with significant involvement of civil society. The mechanism organises

various activities including visits, workshops, round table discussions and dissemination

of best practice.

Legislation regulating the duties and powers of enforcement bodies and conditions inside

the prisons was adopted in 2014, but implementation remains a challenge for the justice

system.

With regard to the Convention against Torture and other Cruel, Inhuman or Degrading

Treatment or Punishment, key concerns relate to the use of pre-trial detention for

children aged between 16 and 18 years, poor material conditions and lack of special

medical attention in the psychiatric ward of Asuncion’s main prison, Tacumbú, torture of

detainees in police custody and limited prosecution of officers committing torture.

Convention on the Rights of the Child

The Paraguayan authorities have carried out various programmes to promote and protect

the rights of children and adolescents, in particular

Abrazo,

aiming to eliminate the worst

forms of child labour and

Painac,

aiming to decrease the number of street children. A

2010-2015 National Plan for prevention and eradication of sexual exploitation of children

http://daccess-dds-ny.un.org/doc/UNDOC/GEN/G15/060/11/PDF/G1506011.pdf?OpenElement

236

and adolescents is under implementation. The national strategy on the Eradication of

Child Labour and Protection of Adolescent Workers 2010-2015 targets

criadazgo

and

qualifies it as one of the worst forms of child labour.

However, further steps are needed to address lack of data on issues such as birth

certificates, child abuse and child labour, discrimination of children of indigenous

communities, persistence of

criadazgo

(unpaid domestic child labour), the high number

of working children among indigenous children and child pregnancy.

Convention on the Prevention and Punishment of the Crime of

Genocide

No salient shortcomings have been identified in Paraguay relating to the implementation

of the Convention on the Prevention and Punishment of the Crime of Genocide.

Future Priorities and Objectives

In 2013, Paraguay adopted a comprehensive national plan on human rights after

consultation with civil society and human rights organisations. However, implementation

of the strategy is on hold, pending a revision that has not yet been carried out. The

strategy is structured in four parts:

•

transformation of the structural inequalities for the guarantee of human rights,

including issues relating to poverty eradication, inclusion and non-discrimination;

education and culture of human rights;

human rights, social state and rule of law, including democracy, public security,

justice and penal system;

human security, including social and economic rights.

In October 2014, Paraguay was elected, for the first time, as a member of the UN Human

Rights Council (HRC), for the period 2015-2017. According to the Paraguayan

authorities, the HRC membership is an opportunity for the country to advance regarding

human rights awareness, human rights dialogue, institutionalisation of the human rights

agenda, further implementation of relevant international agreements and upholding

overall human rights. The ultimate objective would be a progressive transformation of

the Paraguayan society towards increased respect, social inclusion and solidarity.

Paraguay’s human rights priorities in the HRC context include indigenous peoples,

migrants and refugees, disabled people, children, follow up on recommendations of

convention implementation committees and the worldwide abolition of the death penalty.

Conclusions

Paraguay has made progress in effectively implementing human rights commitments in

2014-2015 taking into account its overall socioeconomic situation and institutional

resources. In particular, Paraguay has made efforts to fight discrimination and promote

and protect the rights of indigenous peoples, children, adolescents and persons with

disabilities. Awareness of human rights obligations has increased, partly as result of the

237

membership of the UN Human Rights Council in 2015-2017. In 2014, Paraguay made

progress in creating a monitoring system which allows assessing and monitoring the

implementation by Paraguay of recommendations made by human rights mechanisms,

both from the UN and from the Inter-American Court of Human Rights of the OAS.

However, sustained action for effective and systematic implementation of human rights

commitments remains necessary. Further attention is needed, in particular with regard

to the rights of indigenous peoples, violence and discrimination against women, child

labour, investigations of killings of human rights defenders as well as the overall

functioning of the justice system, including conditions in prisons and pre-trial detention.

On-going efforts to increase transparency and fight corruption are expected to have a

positive impact on the protection of human rights, provided that they are sustained.

13.2.2.

ILO Labour Rights Conventions (conventions 8-15)

Status of ratification and reporting

Paraguay has ratified the relevant labour rights conventions and has met its reporting

obligations, and maintains ratification. However, Paraguay has not always provided the

detailed information required by the Committee of Experts.

Status of implementation of the conventions

Freedom of association and collective bargaining (Conventions 87 and

98)

The Committee of Experts on the Application of Conventions and Recommendations

(CEACR) recalled in its 2013 report that for many years it has been commenting on the

incompatibility of some legislative provisions with Convention 87, among others:

(i) the requirement of an unduly large number of workers (300) to establish a branch

trade union;

(ii) the prohibition on joining more than one union even if the worker has more than

one part-time employment contract;

(iii)the imposition of unduly demanding conditions of eligibility for office on the

executive board of a trade union

(iv) the requirement that, for a strike to be called, its sole purpose must be directly and

exclusively linked to the workers’ occupational interests.

Furthermore the Committee of Experts asked Paraguay to repeal explicitly those sections

the Code of Labour Procedure respecting the referral of collective disputes to compulsory

arbitration.

As regards implementation of Convention 98, the government was also requested to take

the necessary legislative steps to establish adequate protection against acts of anti-union

discrimination against workers who are not trade union leaders and against civil servants

238

and public employees, including those who are not trade union officers, and also to

establish penalties that act as an adequate deterrent against violations.

Forced labour (Conventions 29 and 105)

As regards cases of forced labour, the Committee of Experts has been addressing for

many years the situation of the many indigenous workers in agricultural ranches in the

Paraguayan Chaco, who are victims of debt bondage and more general the persistence of

the economic exploitation faced by indigenous workers in several regions of the country

in certain sectors, particularly in agriculture. To address this the government has taken a

number of measures among others awareness-raising activities, trainings of magistrates

and labour inspectors, vocational training for young workers in the Chaco communities,

the creation within the labour inspectorate of a technical unit for the prevention and

eradication of forced labour and the establishment of the Directorate for Indigenous

Labour within the ministry.

Moreover a national strategy for the prevention of forced labour is under preparation with

the participation of workers’ and employers’ organisations and in consultation with

indigenous peoples.

As regards the imposition of effective penalties, the Committee of Experts expressed

concern at the lack of information on cases brought to justice concerning forced labour

practices. There is a need to adapt the national legislation in order to make sure it

contains sufficiently precise provisions to enable the competent authorities to prosecute

and punish persons who impose forced labour. Changes to this legislation are currently

under discussion.

To address cases of forced labour which occur in the form of trafficking in persons,

Paraguay adopted in 2012 the Comprehensive Act to combat trafficking in persons which

consolidates the already existing legislative framework and provides for institutional

strengthening, particularly with a view to ensuring greater protection for victims. The act

envisages the possibility for the authorities to make use of special means of investigation

and facilitates the participation of victims in judicial procedures. The adoption of this act

was positively noted by the Committee of Experts in its 2014 report. Nevertheless the

Committee of Experts requested the government to strengthen the resources of judicial

authorities so that they are able to identify victims, conduct appropriate investigative and

judicial proceedings. Moreover, a national policy to prevent and combat trafficking in

human beings is under preparation (still to be adopted). In this context, it is important

that the Inter-institutional Forum for Preventing and Combating Trafficking in Persons

will be provided with the necessary resources for the implementation of the forthcoming

national policy.

Minimum age for work (Convention 138) and worst forms of child

labour (Convention 182)

In Paraguay 22.4 % of children and young persons under 18 years of age (approximately

417 000) are working below the minimum age for admission to employment (14 years)

or are engaged in one of the worst forms of child labour with 16.3 % of children in the 5-

13 age group and 36.8 % in the 14–17 age group. This are results published in 2013 by

ILO–IPEC and the Directorate-General for Statistics of Paraguay, which reproduces the

results of the first national survey of child labour conducted in 2011.

239

Almost half of the children work in agriculture, stockbreeding, hunting and fishing. Boys

working in rural areas are the category most affected by this phenomenon. The vast

majority of children and young persons who are engaged in child labour perform

hazardous work (approximately 90.3 % of the 5-13 age group and 91.1 % of the 14-17

age group).

In its latest report from 2014, the Committee of Experts, while welcoming the measures

adopted to ensure the effective abolition of child labour, expressed its concern at the

large number of children and young persons who are engaged in an economic activity

below the minimum age for admission to employment or in hazardous work. It therefore

requested the government to intensify its efforts to improve the situation.

Moreover, Paraguay needs to adapt and strengthen the capacities of the labour

inspectorate in order to improve its capability for detecting cases of child labour. It also

needs to properly implement the labour code relating to child labour and of Decree No

4951 approving the list of hazardous types of work, and impose penalties as necessary.

Paraguay has established two sector plans aimed at eliminating child labour:

•

the National Plan for Prevention and Eradication of Child Labour and Protection

Teenager work, which aims to prevent and progressively eliminate child labour

and ensure decent working conditions for teenagers;

the National Plan for Prevention and Eradication of Sexual Exploitation of

Children and Adolescents aimed at care, prevention and elimination of sexual

abuse and exploitation of children and adolescents.

•

The latter is necessary in view of the extent of the phenomenon of sale, trafficking and

sexual exploitation of children and young persons under 18 years and of allegations of

complicity of government officials in these kinds of cases. Thus the Committee of

Experts urged the government to ensure the elimination of this worst form of child

labour, making sure that thorough investigations and effective prosecutions of persons

committing such offences, including government officials suspected of complicity, are

completed and that effective and sufficiently dissuasive sanctions are imposed on

offenders. Moreover there is an urgent need to strengthen the capacities of the law

enforcement bodies, particularly the police, the justice system and customs officials, in

order to improve their capacity to identify cases of trafficking and sexual exploitation of

children.

As regards children working as domestic workers the Committee of Experts requested

the government intensify efforts to combat the exploitation of child labour as domestic

workers in the

criadazgo

system.

The draft law on domestic labour has been sanctioned by both legislative chambers on 17

March 2015. The law sets the minimum age of 18 for domestic workers, with certain

exceptions. Training of labour inspectors in this area is being carried out.

Continued efforts are also necessary to protect street children from the worst forms child

labour. These children are particularly at risk of becoming victims of the worst forms of

child labour. In this regard, it is particularly important to enhance protection and to make

every effort towards eliminating the sale and trafficking for children for begging.

240

Sustained efforts are also necessary in order to protect indigenous children from the

worst forms of child labour. The ILO-IPEC study from 2013 mentioned above revealed

that 27.3 % of children under 14 years of age who speak only Guarani are engaged in an

economic activity (compared with 16.3 % of children speaking all other languages

combined) and mostly carry out hazardous work (92.5 %). Children of indigenous

peoples need to have easier access to the system of bilingual education so as to offer

them additional chances and to protect them from being engaged in the worst forms of

child labour.

Elimination of discrimination and equal remuneration (Conventions

100 and 111)

In its latest report from 2011, the Committee of Experts had noted the existence of clear

inequality between the remuneration of men and women in almost all branches,

occupational categories and educational levels, despite the legal principle of equal wages

for work of equal value. In practice, women earn 73.1 % of the average monthly earnings

of men in all types of employment, despite the fact that the gap is smaller in the public

sector.

With regard to this and other points linked to implementation of the Non-Discrimination

Conventions, the ILO Committee of Experts has requested Paraguay to take action in the

following areas:

•

addressing the significant difference between the remuneration of men and

women;

adopting measures — within the framework of the Decent Work Country

Programme and the 3rd National Plan for Equality of Opportunities between

Women and Men, 2008-2017, towards the promotion of equality of opportunities

for women and men in education, vocational training, employment and

occupation;

regulating the work situation of the most vulnerable women workers, including

rural workers, indigenous, domestic workers, and workers in the informal

economy;

consider adopting additional, specific legislation prohibiting sexual harassment in

employment and occupation;

preventing discrimination against persons living with HIV and AIDS, through the

development and implementation of a national policy on HIV and AIDS at the

workplace;

developing mechanisms for the lodging of complaints relating to failure to

comply with legislation protecting women workers.

•

In its reply, Paraguay mentioned actions taken by the Ministry of Labour, Employment

and Social Security: free legal advice for women; training sessions conducted in

coordination with the National Vocational Promotion Service and the National System of

Education and Training Labour; and awareness campaigns to promote equal work

opportunities and treatment for men and women.

241

Moreover Resolution No 472/2012 defines workplace violence and establishes the

procedure to be followed by companies in the event of such complaint and subsequent

punishment. An opinion on the draft law on breastfeeding and extending the period of

maternity leave has been submitted to the Congress.

Future Priorities and Actions

The Republic of Paraguay has made clear that it will continue to implement its

commitment on the obligations undertaken in the ILO framework. In this regard, the

government plans to analyse the implementation of the labour rights conventions through

the competent bodies, and has stated that, if necessary, it will develop plans to reinforce

the implementation mechanisms.

Conclusions

Paraguay does not have a general strategy to enhance implementation of labour rights-

related conventions, but is developing a series of tools (the National Plan for Prevention

and Eradication of Child Labour and Protection Teenager work; the National Plan for

Prevention and Eradication of Sexual Exploitation of Children and Adolescents; Strategy

for the Prevention of Forced Labour; National Policy to Prevent and Combat Trafficking

in Human Beings) expected to contribute to improved implementation and concrete

progress.

Implementation is a key challenge. Taking into account Paraguay’s overall

implementation record, it is expected that positive progress will continue into the

medium and long term. However, the administrative structures are still weak and

awareness among the population and social and economic actors on labour-related

rights is limited. Sustained efforts in the long term will be necessary to achieve concrete

and generalised results as regards the implementation of the ILO fundamental

conventions.

Paraguay’s efforts to protect labour-related rights need to be sustained over the medium

term. The ILO Committee of Experts has identified shortcomings in terms of legislative

alignment and practice, and issued corresponding recommendations, in particular on

Conventions 111, 138 and 182. These recommendations are progressively being taken

into account, in particular with regard to actual implementation and results.

The elimination of child labour, the combat against trafficking in human beings and

equal labour conditions for men and women are issues that need further attention.

13.2.3.

UN Conventions on Environmental Protection and

Climate Change (conventions 16-23)

Status of ratification and reporting

Paraguay has ratified all conventions relevant to the GSP+ on environmental protection

and climate change, and maintains ratification.

242

Paraguay has not met all of its reporting obligations under the conventions. There is a

lack of compliance for the Convention on Biological Diversity, as the 1st, 3rd, 4th and

5th National Reports have not been submitted. Reports for 2007, 2008, 2009, 2011, and

2013 are due for the Basel Convention on the Control of Trans-boundary Movements of

Hazardous Wastes and Their Disposal. Moreover, for CITES, annual reports for 2008

and 2013 are due. The 1st and 3rd National Reports are also due on the Stockholm

Convention on Persistent Organic Pollutants. On the Cartagena Protocol on Biosafety,

the 1st and 3rd National Reports are due. No further information was provided on any

other measures taken to effectively implement the convention.

Status of implementation of the conventions

Convention on International Trade in Endangered Species of Wild Flora

and Fauna (CITES)

Paraguayan national legislation is ranked as category 2 under the convention. This means

that it does not meet the requirements for the implementation of the convention.

Paraguay was identified by the CITES Secretariat and UNEP in May 2015 as one the 17

countries that require attention as a priority for strengthening their legislation to

implement the CITES convention. In particular, penalisation and confiscation provisions

are required to achieve category 1 status.

On the status of the proposal for a national regulation regarding the implementation of

CITES and timing foreseen for the finalisation, adaptation and enactment of the proposal,

Paraguay has indicated that the request for upgrade of the legislation is currently in the

Congress.

The CITES Secretariat reported in December 2015

that, while Paraguay has taken step

towards preparing new legislative provisions to implement CITES, the country remains

in a situation of non-compliance and needs to accelerate its efforts to enact adequate

legislation by the 67th meeting of the CITES Standing Committee in September 2016.

As an illustration of the intention to improve CITES implementation, Paraguay has been

preparing a non-detriment finding (NDF) for the Palo Santo which was presented at the

CITES Plants Committee in October.

As regards reporting, Paraguay has stressed that their resources are very limited. In this

context, reporting is not given priority in comparison to control and supervision on the

ground.

Basel Convention

As outlined above, Paraguay is not fully compliant with its reporting requirements. It has

stated that its lack of reporting is due to lack of human resources and continuity of

officers, and that reporting will be gradually fulfilled.

https://cites.org/sites/default/files/eng/com/sc/66/E-SC66-26-01.pdf

243

Convention on Biological Diversity

As outlined above, Paraguay is not fully compliant with its reporting requirements. It has

stated that its lack of reporting is due to a lack of human resources and continuity of

officers. Paraguay has not yet submitted the fifth national report as required under the

CBD Convention and therefore did not fully comply with its commitments under the

CBD.

There were no salient shortcomings identified in Paraguay in 2014-2015 as regards the

implementation of the Convention on Biological Diversity, although biodiversity loss has

not been halted, and concrete measures to implement the convention should be

strengthened.

Stockholm Convention on Persistent Organic Pollutants

Paraguay is not fully compliant with the reporting requirements, as it has not submitted

its 1

or 3

National Reports. On the missing first report, Paraguay has reported that it

will be completed, albeit imperfectly due to problems with archive and without clear

information regarding the timeline.

No information has been provided on measures taken so far to effectively implement the

regulation.

Convention on Biosafety (Cartagena)

Paraguay ratified the Cartagena Protocol on Biosafety in 2004. Paraguay submitted its

2nd National Report due in 2011, although the 3rd National Report was due on 1

November 2015.

Concerning implementation of the protocol, Paraguay informed in its 2nd National

Report that domestic regulatory framework is partially in place.

Conventions on Climate Change

Paraguay is a party to all climate change-related conventions, and has no salient

shortcomings.

Paraguay is complaint with its reporting obligations on the Montreal Protocol on

Substances that Deplete the Ozone Layer, and submitted its latest report in July 2014.

Paraguay submitted its Second National Communication to the UN Framework

Convention on Climate Change in December 2011. However, it still needs to prepare and

submit its First Biennial Update Report, due by the end of 2014.

Paraguay submitted to the UNFCCC Secretariat its Intended Nationally Determined

Contribution (INDC) on 1 October 2015, which envisages a reduction of emissions

equivalent to 10 % compared to business-as-usual by 2030 and a conditional reduction of

20 %. The INDC focuses upon land use change, reduction of biomass as energy source

for agricultural production, improvements in transportation, limitations placed on

importing used cars, and how to take further advantage from the fact that clean energy

from hydro-electrical sources is plentiful.

244

Conclusions

Paraguay needs to provide a clear indication how it will address the important

shortcomings with regard to the reporting obligations under conventions on environment

protection.

As well as strengthening its reporting procedures, Paraguay should also focus on

ensuring the robust implementation of the international conventions on environmental

protection. This requires both institutional strengthening and a medium/long term

strategy for addressing environment issues, clearly detailing the steps towards proper

implementation of the relevant conventions. In particular, Paraguay should accelerate

and complete the process for the adoption of legislation which complies with the CITES

convention.

On climate change, Paraguay needs to prepare its First Biennial Update Report. Clear

steps for the implementation of the actions outlined in its INDC should also be

enumerated and enacted.

13.2.4.

UN Conventions on Good Governance (conventions

24-27)

Status of ratification and reporting

Paraguay ratified the UN Convention on Narcotics Drugs and on Psychotropic

Substances in 1972, and the UN Convention against Illicit Traffic in Narcotic Drugs and

Psychotropic Substances in 1990.

As of January 2015, Paraguay was compliant with all requests for monitoring

information from the monitoring body of the three core UN conventions on fighting

illegal drugs (International Narcotic Control Board — INCB).

Paraguay ratified the UN Convention against Corruption in 2005, and has complied with

all requests for information. Monitoring is carried out by the UNCAC's Implementation

Review Group, which last reviewed Paraguay as part of the third wave in 2014. The

executive summary of this review has been available to the public since September 2014,

and the full country report is expected to be available in early 2016.

Status of implementation of the conventions

UN conventions fighting illegal drugs

Paraguay is South America’s main cannabis producer and an important transit country

for cannabis and cocaine, Paraguay is vulnerable to drugs trafficking due to weak

institutions, permeable borders and corruption. The United Nations monitoring body

(INCB) assessed the situation in Paraguay in 2013 and in 2014 with the objective of

reviewing compliance with the three international drug control conventions to which

Paraguay is a party. The main shortcoming identified was the need to address the illicit

cannabis cultivation, as well as cannabis and cocaine cross-border trafficking.

245

However, since 2013, Paraguay has increased its efforts to address the illicit cultivation

of cannabis on its territory and the trafficking of drugs in general. This has led to

increased seizures of cannabis plant and cocaine hydrochloride. Over the past few years,

the Paraguayan National Anti-Drug Secretariat (SENAD) has stepped up actions against

marijuana production and identified the elimination of the trafficking of cocaine paste as

one of its national priorities. It also adopted a strategic institutional plan for 2013-2017,

including actions relating to integrated and sustainable alternative development.

Institutional support for demand reduction is needed and there is a serious shortage of

treatment and rehabilitation centres.

In order to strengthen the country’s drug policy and exchange experiences and good

practices, a cooperation programme between the European Union and Latin America

(COPOLAD) has begun to improve coherence, balance and impact of policies on drugs,

through the exchange of practices and experiences, bi-regional coordination and

promotion of multi-sectorial, comprehensive and coordinated responses.

International cooperation has also facilitated an improvement in terms of increased

coordination and dialogue between the country’s various institutions, and better

identification of the priorities. As a result, Paraguay elaborated the National Integrated

Plan (NIP), which seeks to develop a cross-cutting approach among the various

institutions responsible for each of its three sub-programmes (organised crime, illicit

trafficking and drug demand reduction and treatment). Implementation now needs to be

ensured.

The annual report of the International Narcotics Control Board (INCB) in 2014 noted that

the Paraguayan National Anti-Drug Secretariat set itself six main objectives in its

strategic institutional plan for 2013-2017, including the implementation of actions

relating to integrated and sustainable alternative development. In addition, the National

Anti-Drug Secretariat has made the elimination of the trafficking of cocaine paste one of

its national priorities

UN Convention against Corruption

A review of Paraguay’s implementation of the UNCAC was carried out in 2014 by the

UNCAC Implementation Review Group, of which the executive summary has been

publicly available since September 2014. This review identified in particular the

following shortcomings: neither active nor passive bribery of foreign public officials and

officials of public international organisations is criminalised, and nor is bribery in the

private sector or abuse of functions.

UNCAC also identified the lack of independence and clear roles of institutions, the lack

of an anti-corruption strategy and the need for training and cooperation with civil society

as issues to be addressed.

The government has taken measures to improve governance, reduce corruption, increase

transparency of public institutions and make information more easily accessible to the

public. Public institutions must publish a list of their employees and their salaries,

procedures have been introduced to ensure that recruitment of civil servants and the

judiciary is based on merit, ministries must publish online tenders for public procurement

and the Ministry of Finance publishes regular updates on the execution of the budget. In

July 2014, a law on free citizen access to public information and government

transparency was adopted.

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Paraguay has also made some progress on inter-agency cooperation, and development of

legislation on money laundering and asset recovery. On-going progress includes the draft

organic law of the national anti-corruption secretariat which is under adoption, the draft

strategy for the prevention of corruption in the executive and a calendar of activities for

the implementation of UNCAC IRG recommendations under preparation.

Conclusions

Paraguay is taking measures to tackle drug-related concerns in the country (cannabis

production, trafficking of cannabis and cocaine, increasing drug-consumption,

limitations as regards rehabilitation of drug users), but additional resources and

institutional strengthening are needed. While Paraguay has developed a National

Integrated Plan to tackle illegal drugs, it is important to ensure comprehensive

implementation. Paraguay has strengthened its cooperation with the international

community, but while international cooperation is helpful to mitigate the situation, but

does not solve it completely.

Corruption remains a concern in Paraguay, with active shortcomings identified by the

UNCAC IRG. However, on-going action to increase transparency and to fight corruption

is encouraging. Public awareness has increased, access to information on the use of

public money has improved and, increasingly, corruption cases have been uncovered.

Nonetheless, efforts need to be sustained over time and reinforced, inter alia through the

progressive implementation of the UNCAC IRG recommendations.

13.3. Trade and Economy

13.3.1.

Trade Picture

Paraguay’s economy grew by 14.2 % in 2013 and 4.4 % in 2014, with continued growth

despite a dip in the prices of its key exports and at a time when neighbouring economies

are shrinking. Paraguay enjoys greater macroeconomic stability than its neighbours.

Inflation is relatively low, as are the public debt and deficit, and official reserves are

high.

The EU is Paraguay’s fourth most important trade partner, behind Brazil and Argentina

and just behind China. Paraguay runs a trade deficit with all these countries, but a surplus

with the EU. Its exports to the EU are worth EUR 1.1 billion and its imports from the EU

are worth EUR 0.6 billion. Brazil (30.8 %) and the EU (14.7 %) are Paraguay’s most

important export partners. Paraguay also earns significant foreign currency revenue from

retail services to tourists.

The EU and Paraguayan economies are complementary — imports from the EU provide

inputs for Paraguay such as vehicles and machinery. Paraguay’s soya exports are inputs

for European products. Soybeans (and other seeds) continue to dominate Paraguay’s

exports to the EU — 87 % in 2011, 74 % in 2012, and 73 % in 2013. Paraguay’s main

imports from Mercosur countries are oils, machinery and equipment, and motor vehicles.

Its main export to its neighbours is hydro-power. Paraguay is the world’s sixth-biggest

meat exporter, notably exporting meat to non-Mercosur Latin American countries.

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Mercosur countries, including Paraguay, do not enjoy full FTAs with any of their major

trading partners. Paraguay is the only Mercosur member that continues to benefit from

GSP+ (despite having been recently reclassified as an upper-middle-income country),

with zero tariffs on 91 % of products, offering potential scope for future diversification.

At present, GSP+ preferences have little impact on Paraguay’s exports as soybeans and

their residues have zero MFN tariff. Roughly 4 % of Paraguay’s exports to the EU

benefit from GSP+ currently. Soybean oil is an important potential growth area, in which

Paraguay can benefit from tariff exemption under GSP+, and which would help Paraguay

to diversify its export base.

13.3.2.

GSP+ Statistics

Figures 13.1-13.3 below describe Paraguay’s utilisation of the GSP+, in the context of its

overall imports to the EU.

Source for all statistics: Eurostat data, as of September 2015.

Figure 13.1

Paraguay - Imports to the EU, 2012-2015

Figures in thousand EUR

Total imports to EU

GSP+ eligible imports

GSP+ preferential imports

GSP+ utilisation rate

Figure 13.2

2012

953,426

26,788

24,579

91.76%

2013

1,163,165

48,019

43,954

91.54%

2014

1,100,046

72,535

69,227

95.44%

2015 (Q1-2)

483,220

16,017

13,515

84.38%

Trend 2012-

2014

15.38%

170.78%

181.65%

4.02%

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Figure 13.2

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14. Peru– GSP+ Assessment

14.1. Country Overview

Since 2001, after the end of the armed internal conflict, democracy and rule of law have

been consolidated in Peru. Civil, political, economic, social and cultural rights are

generally respected. Sound macroeconomic policies and one of the highest economic

growth rates in the region during the last years have enabled the country to make

significant economic and social progress.

Nevertheless, Peru still faces important challenges such as high levels of inequality,

social conflicts and weak presence of the state at regional and local level. Its economy

remains dependent on exports of raw materials and large-scale extractive projects that

often negatively impact the indigenous communities, the environment as well as social

and economic sustainability. The development gap between the urban and the rural areas

combined with the widespread informal economy remains a big issue. In the rural areas

in the Andes and the Amazonas the poverty rate still exceeds 40 %, while it stands at

22 % nationally. However, the poverty gap is slowly reducing between regions.

Under President Humala, in office since 2011, the government has put social inclusion at

the heart of its public policies. It has put in place policies and measures to reduce

disparities and fight poverty and extreme poverty. These include programmes to fight

malnutrition, to promote education for adolescents, and to create economic opportunities

for the most vulnerable households. In July 2015, a social pension was set up for the

elderly, and for people with disabilities. Public funding for such social programmes has

considerably increased in recent years, and some have been supported by the EU. The

EU will continue to support some programmes until 2017, when the EU-Peru financial

cooperation under the Development Cooperation Instrument will come to an end.

In particular, President Humala’s government has adopted a number of policies to reduce

social disparities in the disadvantaged rural areas of the Amazonas and the Andes. It has

also adopted measures in favour of the indigenous population. Despite a slight decrease

in social conflicts in comparison to 2012, public protests against large-scale mining

projects and other economic initiatives still took place during the reporting period.

14.2. Compliance with GSP+ Obligations

14.2.1.

UN Human Rights Conventions (conventions 1-7)

Status of ratification and reporting

Peru has ratified all seven UN human rights conventions relevant to the GSP+, and

maintains ratification. Peru is compliant with all its reporting requirements.

Status of implementation of the conventions

Peru is committed to fully implementing the principles and rights enshrined in the UN

human rights conventions. Human rights are guaranteed by the Constitution. Peru is

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conscious of its obligations and of the importance to effectively translate these principles

into Peruvian law.

For these reasons, a new vice ministry of human rights was established in 2012, the

National Strategy on Human Rights was approved in 2014, and several policies on

economic and social rights have been recently implemented. these include a national plan

on the education of human rights, which aims to foster a culture of human rights in the

country.

Peru was a member of the UN Human Rights Council between 2012 and 2014.

The last UN universal periodic review (UPR) for Peru took place in March 2013. Peru

refers to the UPR mechanism in a very positive manner. Peru immediately accepted 120

out of the 129 recommendations, and prepared a written statement explaining its rejection

of the remaining nine recommendations.

International Convention on the Elimination of All Forms of Racial

Discrimination

With a 24 % share in the total population, Peru has the third-highest proportional

indigenous population in Latin America. Reports on the CERD and CESCR highlight a

continuing discrimination of indigenous peoples, concentrated in the sierra and jungle

regions. In these regions, indigenous peoples are particularly affected by poverty and

extreme poverty, and their rights often collide with concessions for the extraction of

natural resources.

However, the promotion of the rights of indigenous peoples is one of the most notable

advances and a clear priority of the government. In 2014, the Ministry of Justice and

Human Rights established the National Commission for the Fight against Discrimination

(CONACOD), an inter-institutional unit aimed at articulating state efforts to tackle

discrimination. The Ministry of Culture also created a mechanism to report cases of

racism.

Peru continues to implement the 2011 Prior Consultation Law (‘Consulta Previa’), which

guarantees the right of indigenous peoples to be consulted on decisions affecting them in

line with the application of the ILO Convention 169. In 2014, 19 consultation processes

were launched, with nine resulting in an agreement between the state and the indigenous

peoples. The consultation methodology has been refined, and a guide on the

implementation of the rights has been elaborated. Training on these rights has also been

increased, and to date more than 5 000 people have been trained, across Peru.

In its concluding observations from its September 2014 report, the Committee on the

Elimination of Racial Discrimination recommended that Peru ‘guarantee that all

indigenous communities, either from the Andean or the Amazonian region that may be

affected, directly or indirectly, by the adoption of a legislative or administrative measure

should be duly consulted’ (

). The extension of the Prior Consultation Law to indigenous

peoples from the Andes is still under debate.

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Conflicting interests still remain between the rights of indigenous peoples (and local,

especially rural communities), and the promotion of economic growth and exploitation of

natural resources. As of September 2015, the Ombudsman Office registered a total of 214

social conflicts, 66 % of which were of socio-environmental in nature, some of which

have turned violent.

Nonetheless, Peru has become a sponsor of indigenous rights at international level. It

sponsored the first UN World Conference on Indigenous Peoples, held in the margins of

the UN General Assembly in September 2014. It was instrumental in putting the effects

of climate change on indigenous peoples at the centre of the COP20 debates in Lima in

December 2014.

International Covenant on Civil and Political Rights (ICCPR)

Even if the systematic human rights violations during the 1990s are part of the country’s

past, Peru still has some way to go to fulfil the ICCPR. The rights to peaceful assembly

and association are guaranteed by the constitution. Despite this, various local

organisations report instances where authorities fail to provide these rights. Several

executive decrees have been passed in recent years that reportedly diminish the

responsibility of armed forces in cases of injury or death during demonstrations.

In its report of April 2013, the Human Rights Council (HRC) highlighted discrimination,

harassment and acts of violence against LGBTI persons and HIV/AIDS patients (

These groups are weakly represented at the higher levels of decision-making and suffer

from discrimination in the access to the right to civil union and inheritance, as well as

basic services and labour.

A draft bill to legalise same-sex civil unions was presented to Congress in May 2014.

Most Peruvian political leaders opposed the law, and debates in the parliament’s Human

Rights Committee (in charge of proposing the law to the plenary) in 2014 have led to a

stand-still. According to a survey, 61 % of Peruvians are against same-sex civil unions.

However, parts of civil society seem to be more open towards ensuring equality for

LGBTI persons. LGTBI organisations announced that they will insist with the law in the

following legislature.

The HRC’s April 2013 report also underlined inadequate investigation and compensation

of the human rights violations from the 1980-2000 internal armed conflict. There has

been little progress in establishing accountability for the estimated 70 000 deaths and

enforced disappearances during the conflict.

In June 2015, the United Nations Working Group on Enforced or Involuntary

Disappearances made an official visit to Peru and highlighted the progress made by Peru

in the eradication of systematic human rights violations. However, they noted that

wounds remain open on the human rights violations of the 1980-2000 conflict, and urged

the Peruvian state to promote the search for missing persons and strengthen reparation

measures for the victims and their families.

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According to figures provided by Peru, there are 211 999 persons registered as individual

victims of several human rights violations during the 1980-2000 period of violence. All

individual reparations for direct victims (79 564) had been paid by 2015. In 2014 alone,

35 015 people were compensated. However, only 36 % of the collective reparations for

communities affected by the violence had been paid.

A draft law establishing a national policy for the disappeared is under discussion.

According to the Ministry of Justice, the draft will seek to defend humanitarian principles

before the principle of access to justice. It will aim to implement a thorough and

nationwide policy to seek the remains of the 15 000 disappeared during the period of

violence.

Furthermore, Peru has demonstrated advances in the restitution of citizen rights, tax

exoneration, education, health, and support to the families of the disappeared. ‘Symbolic’

reparations with acts of recognition have taken place in places where violations occurred.

International Covenant on Economic, Social and Cultural Rights

(ICESCR)

A 2012 report on Peru’s implementation of the International Covenant on Economic,

Social and Cultural Rights (ICESCR) highlights continuing discrimination of indigenous

peoples. This discrimination is concentrated in the sierra and jungle regions, where

indigenous communities are concentrated. In these regions, indigenous peoples are

particularly affected by poverty and extreme poverty, and their rights often collide with

concessions for the extraction of natural resources and the presence of illegal activities

(namely illegal mining and logging).

According to official data, poverty decreased by 10.8 % between 2009 and 2014. 22.7 %

of the population were considered to be living in poverty in 2014, with 4.3 % of the

population considered extremely poor. However, in the poorest regions poverty rates are

still above 50 %. Similar disparities between urban and rural areas applies to access to

water (87.2 % overall, and just 63.9 % in rural areas), access to sanitation (81.9 %, and

48 % in rural areas), and access to electricity (94.5 % overall, but 79.5 % in rural areas).

However, the trend is positive, with a diminishing disparity.

This is partly the result of the government’s efforts which have put social inclusion at the

heart of its public policies. The Ministry of Development and Social Inclusion was

created. Various policies and measures have been put in place to reduce disparities and

fight poverty and extreme poverty (such as the infant and mothers’ health programme

JUNTOS,

the school nutrition programme

Cuna Más,

and the social development fund

FONCODES).

The national strategy ‘Incluir

para crecer’

is financially supported by the

European Union.

Convention on the Elimination of All Forms of Discrimination Against

Women (CEDAW)

Peru developed a national action plan against violence against women in 2009, and a

gender equality national plan in 2012. Despite these plans, violence, inequalities, and

discrimination continues, lagging behind developments on other human rights issues.

Reports on the CEDAW note deficiencies regarding the rights of women, in particular a

high level of impunity for perpetrators of violence against women and the failure to

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prevent acts of violence. Trafficking is particularly serious among adolescent girls, used

for sexual or labour exploitation in the mining and logging industries.

There is a lack of coordination between the Ministry of Finance and other line ministries,

which hampers efforts to implement an effective gender budgeting model.

However, in August 2013, Peru passed a law which criminalises femicide. A law

criminalising street harassment was also in March 2015. In July 2014 the Ministry of

Health announced the enactment of the medical protocols which authorise therapeutic

abortion. Peru is currently undergoing a nationwide discussion on decriminalising

abortion in cases of rape.

Convention against Torture and other Cruel, Inhuman or Degrading

Treatment or Punishment

In June 2014 the Congress approved the draft law entrusting upon the

Defensoria del

Pueblo

(ombudsman) the responsibility to implement the National Mechanism for the

Prevention of Torture. However, the executive has not yet turned this draft into law, and

no specific funds have been allocated to enable it to function. The national mechanism

requires periodic examinations of inmates’ treatment. The ombudsman should make

recommendations to improve inmates’ conditions, and should inform the competent

authorities about cases which require investigations. It should also remote training and

awareness on the prevention of torture.

Convention on the Rights of the Child

In its list of issues in relation to the next periodic reports of Peru in 2016, the Committee

on the Rights of the Child requested Peru to provide a range of additional

information (

). This included information on the discrimination of girls and indigenous

children, difficult access to public services such as health and education in the rural,

mountain and Amazon areas, child labour, violence and sexual abuse and exploitation of

children. Violence against children is a nationwide problem and many abuses are

undoubtedly not reported because such abuse is generally seen as a family problem to be

resolved in private.

The most recent CRC report was published in 2006, and highlighted the high

employment rate among children and adolescents, especially in the informal sector (

Children are becoming victims of exploitation and abuse, and are marginalised from

education.

Approximately 70 % of the Peruvian economy is informal. Therefore, the government’s

efforts to regularise the economy should reduce the number of children in employment,

and reduce the numbers of victims of trafficking and sexual exploitation.

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Future actions and priorities

Various national action plans are in place, which should ensure that the state authorities

are committed to further application of human rights. These include the National Human

Rights Plan (a successor to which should be enacted under the new legislature), the

National Action Plan for Infants and Adolescents (2012-2021), the National Strategy for

the Prevention and Eradication of Child Labour (2012-2021), and the National Plan to

Fight Violence Against Women.

Following the general and presidential elections in April 2016, various legislative

proposals could also be revived. No dramatic changes are expected on the human rights

context following the results of the presidential elections. However, close attention

should be paid to the new administration’s measures, particularly on critical issues such

as follow-up of the post conflict agenda, implementation and protection of indigenous

peoples’ rights, protection of women’s rights (especially reproductive rights), as well as

freedom of expression, and free assembly rights.

Conclusions

The government of Peru is committed to furthering respect and promotion of human

rights. Peru assumed a seat in the UN Human Rights Council between 2012 and 2014,

acting responsibly and often in support of EU positions. At national level, Peru has

adopted national plans in several areas, including violence against women and gender

equality.

However, it is important to note that the current national human rights plan covers only

the years 2014 to 2016, as 2016 is the end of the current government’s term. This limited

timeframe has been criticised by civil society. It will be important to pay close attention

to the developments following the elections in April 2016. However, the accompanying

National Plan on the Education of Human Rights will be in place until 2021 and aims at

fostering a human rights culture in the country.

In spite of the existence of these plans, deficiencies can be seen in their implementation,

which explains why there has not been more progress on the issues of violence against

women and LGTBI rights.

On these and other issues there is openness from the Peruvian side to engage in a

dialogue with the EU. Peru is willing to share experiences and eager to learn from best

practices. Human rights form part of the regular EU-Peru political dialogue. Specific

consultations at expert level on human rights took place in July 2014 and 2015, with

readiness on the Peruvian side to formalise the talks into a regular Human Rights

Dialogue.

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14.2.2.

ILO Labour Rights Conventions (conventions 8-15)

Status of ratification and reporting

Peru has ratified all eight ILO core labour standards without reservations, and maintains

ratification. It has complied with all its reporting obligations under these conventions.

However, it should be noted that Peru’s rate of informality is very high — 70-80 % of the

labour market. Therefore, many of the labour standards are not applicable to the majority

of the population.

Status of implementation of the conventions

The institutional framework of labour inspections, one of the most important pillars in

the defence of labour rights in the country, has been weakening. A new independent

entity (SUNAFIL) in charge of the inspections was created in 2012, but since then it has

suffered from insufficient budget and a lack of leadership continuity. Even if the present

government has increased the minimum wage in 2011, it has also passed rules (the so-

called economic package issued in mid-2014) that have limited the capacity for action of

labour inspections.

Freedom of association and collective bargaining (Conventions 87 and

98)

While examining the implementation of the Freedom of Association and Collective

Bargaining Conventions, the ILO Committee of Experts on the Application of

Conventions and Recommendations (CEACR, hereinafter referred to as

Committee of

Experts)

made several recommendations in its 2013 report. Peru was recommended to

amend the legislation with respect to the majority required to call a strike; ensure that

authority to declare a strike unlawful lies not with the government but with an

independent body (a point made several times by the Committee on Freedom of

Association); and ensure that federations and confederations of public servants may join

confederations of workers of other professions.

In addition to comments made by the Committee of Experts, the Committee on Freedom

of Association (CFA) examined several containing allegations on acts of anti-union

discrimination and obstacles to bargain collectively at a sectorial level.

As regards implementation and enforcement, the Committee of Experts noted an

excessive duration of judicial proceedings examining complaints against trade union

discrimination or interference.

Forced labour (Convention 29 and 105)

The Peruvian government has been taking steps for a number of years to combat forced

labour in the country by strengthening the legislative and institutional framework.

Central pieces of this policy are the creation of the National Committee to Combat

Forced Labour (CNLTF) and the adoption of the first National Plan to Combat Forced

Labour in 2007. Subsequently in 2013, Peru adopted its second National Plan to Combat

Forced Labour, which runs from 2013 to 2017. Strengthening labour inspections and the

role of the police sought to combat the different forms of forced labour which occur in

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the country, including debt bondage of indigenous peoples in the logging sector, people

trafficking, and exploitation of women in domestic service. A special unit of the labour

inspectorate has been established, to focus on combating forced labour. However, the

Committee of Experts expressed concern in its 2014 report that the unit does not have

sufficient means to carry out its work. It also strongly encouraged the government to

strengthen the capacities of the National Committee to Combat Forced Labour (CNLTF),

both at national and regional levels. The CNLTF is essential to strengthen the State’s

presence in regions with a marked prevalence of forced labour.

As regards legislative alignment, the Committee of Experts in its 2014 report insisted

again on the need for amendments to the Penal Code so that it expressly criminalises

forced labour and defines its various components in order to cover all forced labour

practices that exist in Peru. Currently, only trafficking in persons is defined as a crime

and prosecuted.

Worst forms of child labour (Convention 182) and Minimum age for

work (Convention 138)

Poverty affects two thirds of children in Peru, and extreme poverty affects almost one

third of children. Forced child labour and hazardous work occurs mainly in gold mines,

in the streets, and in cocaine production and transportation. Sale, trafficking and

commercial exploitation of children is also an issue in Peru. Around 50 000 children are

estimated to work in gold mines, some of them as young as 5 years of age, often working

in conditions classified as hazardous. More than 110 000 children in Peru are involved in

domestic work, which is also often hazardous. As many as 141 000 children are

estimated to work begging in the streets.

Peru has adopted in 2010 national legislation which prohibits hazardous forms of work

for persons under 18 years of age. The list adopted sets out 29 types of work deemed to

be hazardous by their nature or the conditions in which they are carried out, including

work in mines and domestic work other than for the family. However, the Committee of

Experts has urged the government to ensure that this legislation is applied in practice, and

that children receive the protection provided by the legislation.

Peru has developed the National Strategy for the Prevention and Elimination of Child

Labour, which will be in place from 2012 to 2021. This focuses on four strategic

objectives: increasing family income; cutting drop-out and school failure rates;

eliminating child labour and the hazardous work of young people; and strengthening

protection services for victims.

As detailed in the government May 2015 reply to the GSP+ scorecard, a range of

measures have been implemented to address child labour. These include labour

inspections at workplaces, as well as promoting school attendance among children in

rural areas by providing cash benefits to their families.

Labour inspectors have been trained with a view to increase their awareness of child

labour, although the labour inspectorate has reported that its limited resources prevent it

from carrying out effective controls. However, the Committee of Experts has urged Peru

to ensure that thorough investigations are conducted, and that persons committing these

offences are prosecuted. Effective and dissuasive penalties should be imposed. The

Committee of Experts also urged the government to strengthen the capacity of the labour

inspectorate so it can inspect mining sites, and other hazardous workplaces.

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In 2012, the government initiated a pilot programme to provide assistance to children

working in the streets. Some 3 700 children out of 141 000 working in the streets have

benefitted. Moreover, according to information provided by the government in reply to

the GSP+ scorecard, Peru and Colombia signed in June 2014 several agreements to

address child labour in the border regions. Besides, Peru established a public-private

partnership, a network of enterprises, with the aim to contribute to the eradication of

child labour and the protection of young workers.

To gradually eliminate child labour, it is essential that the government pursues its efforts

to reduce poverty in Peru.

Elimination of discrimination (Conventions 100 and 111)

In 2012, the average income for women in Peru was 66.6 % of the income of men

(64.4 % for urban areas and 57.3 % for rural areas). However, in 2015 the government

announced that the wage gap between men and women in the public sector had reduced

from 24 % in 2008 to 15 % in 2014.

The Committee of Experts has requested Peru to identify and address the causes of this

wage gap. The underlying causes could include gender-based discrimination, gender

stereotypes relating to aspirations, gender disparities in the use of time, preferences and

abilities of women, or vertical and horizontal occupational segregation. Peru was also

recommended to promote women’s access to a wider range of jobs at all levels, including

managerial posts.

Peru has adopted over the last years a range of legal provisions among others provisions

to promote the competitiveness, the formalisation and development of micro and small

enterprises and access to decent employment. According to the Confederation of

Workers of Peru (CTP), the Single Confederation of Workers of Peru (CUT) and the

Autonomous Workers’ Confederation of Peru (CATP), these texts establish specific

systems by type of contract, sector or occupation, providing for a lower level of rights

than the generally applicable legislation. Furthermore, according to the CUT, these legal

texts affect rather women and indigenous workers, who are predominant in these sectors.

Moreover the Committee of Experts noted that in the framework of the National Gender

Equality Plan (2012-2017) that there is a persistence of the use of special labour systems

in sectors which principally employ women. The committee has requested Peru to assess

the impact of these legal provisions which establish special labour schemes in particular

on the access to and conditions of employment for women and indigenous workers. It

also requested the government to ensure that the labour inspection system is effective and

contributes to promoting equality of opportunity, and that it addresses discrimination at

work.

Future actions and priorities

The government approved the Sector Strategy for Labour Formalization 2014-2016, in

order to tackle the high rates of informal labour in the country and aiming at reducing

them from 56 % to 52 % by 2016. The strategy comprises three levels: increase

employability and labour productivity, improve incentives to create or take up formal

employment, and

strengthen the capacity to enforce labour legislation.

The strategy aims

at incorporating 150 000 workers into the formal labour market. This is likely to

strengthen the action of labour inspectors.

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Conclusions

Peru has been taking several steps and has made some progress in implementing the ILO

core labour standards. Key to this is the adoption of the second National Plan to Combat

Forced Labour (2013-2017), and the National Strategy for the Prevention and

Elimination of Child Labour (2012-2021). There is some alignment between Peru’s

national legislation and the conventions, although further alignment is required on

forced labour, freedom of association, and the right to collective bargaining.

Nevertheless, despite some actions taken by the government, Peru faces problems in

practically implementing and enforcing the fundamental conventions. Stronger efforts

are required to implement the conventions on child labour, forced labour, freedom of

association, and collective bargaining.

14.2.3.

UN Conventions on Environmental Protection and

Climate Change (conventions 16-23)

Status of ratification and reporting

Peru is a party to all GSP+ relevant conventions on environmental protection and climate

change.

Peru is fully complaint with the reporting obligations under the Convention on Biological

Diversity, the Cartagena Protocol on Biosafety, and the UN conventions on climate

change.

Peru has not yet submitted its first National Report on the Stockholm Convention on

Persistent Organic Pollutants, although the second and third National Reports are

available. On the Basel Convention on the Control of Trans-boundary Movements of

Hazardous Wastes and Their Disposal, Peru has not submitted any Annual Reports for

the years 2007 to 2013. Peru is generally compliant with its reporting requirements on

the Convention on International trade in Endangered Species of Wild Flora and Fauna

(CITES), but the Biennial Report for 2013-2014 is outstanding.

Status of implementation of the conventions

In mid-2014, the Congress passed a new law aimed at increasing investment, which

removes many of the Environment Ministry’s responsibilities for environmental

protection. The UN, national and international groups, and the Peruvian ombudsman

regard this law as a backwards step on environmental protection. The law removes the

Environment Ministry’s jurisdiction over air, soil and water quality standards, as well as

its ability to set limits for harmful substances. It also eliminates the ministry’s power to

establish nature reserves exempt from mining and oil-drilling. The new law also further

streamlines environmental reviews for new projects, and, for the next 3 years, lowers by

half the maximum fines for all but the most serious of environmental violations. The law

stipulates that Peru’s environmental protection agency occupy itself for the next 3 years

with ‘preventative’ rather than disciplinary actions.

259

Convention on International Trade in Endangered Species of Wild Flora

and Fauna (CITES)

Peru is generally compliant with its reporting requirements on the Convention on

International trade in Endangered Species of Wild Flora and Fauna (CITES), but the

Biennial Report for 2013-2014 is outstanding. Information on Peru’s implementation of

the convention is not readily available.

Basel Convention on the Control of Trans-boundary Movements of

Hazardous Wastes and Their Disposal

The Ministry of Environment continues to develop the Register of Emissions and

Transfer of Pollutants. Peru has also reported that an annual sectorial report on solid

waste has been established. A programme on segregation and selective collection of solid

waste (Programa

de Segregación en la Fuente y Recolección Selectiva de Residuos

Sólidos)

has also been taking place on a municipal level, together with education and

training.

Convention on Biological Diversity

There were no salient shortcomings identified in Peru in 2014-2015 as regards the

implementation of the Convention on Biological Diversity, although biodiversity loss has

not been halted, and concrete measures to implement the convention should be

strengthened.

Stockholm Convention on persistent Organic Pollutants

Peru has taken several measures to effectively implement the Stockholm Convention,

including creating a national plan for implementation of the convention. It has an existing

memorandum of understanding with the UN on training of personnel. The Ministry of

Environment continues to develop the Register of Emissions and Transfer of Pollutants.

Although Peru did not submit its first national report under the convention, its second

and third national reports were submitted in 2012 and 2014 respectively.

Convention on Biosafety (Cartagena)

In its 2nd National Report, submitted in 2011, Peru informed that its domestic regulatory

framework is partially in place. In 2011, Peru did not have measures in place to require

that living modified organisms (LMOs) subject to trans-boundary movement are handled,

packaged and transported under conditions of safety, in line with the relevant

international rules and standards

Conventions on Climate Change

Peru has ratified all conventions on climate change relevant to the GSP+, and maintains

ratification. It has ratified the Montreal Protocol on Substances that Deplete the Ozone

Layer, the UN Framework Convention on Climate Change (UNFCC), and the Kyoto

Protocol to the UNFCC. It has no salient shortcomings with any of the conventions.

260

In September 2010 Peru submitted to the UNFCCC Secretariat its Second National

Communication and in December 2014 its first Biannual Progress Report.

Peru organised and chaired the COP20 summit in Lima in 2014. On 28 September 2015

Peru submitted its Intended Nationally Determined Contribution (INDC) to the 2015

Climate Agreement, which envisages a reduction of emissions equivalent to 20 % (plus

an additional 10 % subject to the availability of international financing and the existence

of ‘favourable conditions’) in relation to emissions of the projected business-as-usual

scenario starting in 2010 and ending in 2030. The projection considers the total emissions

and removals of the land use, land use change and forestry sector. Contributions will

mainly come from the forest sector (40 % of Peruvian emissions come from

deforestation), followed by agriculture and energy (with a focus on efficiency

improvements).

Peru’s INDC also contains an adaptation component. The country plans to develop a

national adaptation plan as the instrument for complying with the adaptation goals of the

INDC.

Conclusions

While Peru's conformance with the reporting obligations under the conventions on

environmental protection has improved in recent years, it should ensure that the

outstanding reports on CITES, the Stockholm Convention, and the Basel Convention are

submitted.

There is little information available on the actions Peru has taken to implement CITES or

the Convention on Biological Diversity. Some concrete efforts have been noted on the

Basel Convention, the Stockholm Convention, and the Cartagena Protocol. However, for

all the conventions on environmental protection, it is essential that Peru takes concrete

actions to implement its commitments.

Peru complies with the three UN conventions on climate change, and has demonstrated

strong international leadership through its chairing of the COP20 summit in Lima in

2014. Peru should focus on ensuring that its announced intentions to combat climate

change are implemented.

14.2.4.

UN Conventions on Good Governance (conventions

24-27)

Status of ratification and reporting

Peru ratified the UN Convention on Narcotic Drugs in 1964, and the UN Convention on

Psychotropic Substances in 1980, with no reservations. Peru has maintained its

ratification of all three conventions.

Peru has also ratified the UN Convention against Illicit Traffic in Narcotic Drugs and

Psychotropic Substances in 1992. However, Peru has expressed a reservation to part of

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Article 3 of this convention, which refers to offences and sanctions. In particular, Peru

has expressed a reservation at including cultivation among the activities established as

criminal offences, without drawing a clear distinction between licit and illicit cultivation.

Peru has also expressed a reservation to the convention’s scope of the definition of illicit

traffic. Moreover, Peru agrees to the referral of disputes to the International Court of

Justice only if all the parties, and not just one, agree to such a procedure.

As of January 2015, Peru was compliant with all requests for monitoring information

from the monitoring body of the three core UN conventions on fighting illegal drugs

(International Narcotic Control Board — INCB).

Peru ratified the United Nations Convention against Corruption (UNCAC) in 2004, and

maintains ratification. Peru has complied with the reporting obligations so far. Reviewing

is carried out by the UNODC Implementation Review Group, the convention's

monitoring body. The executive summary of the most recent review on Peru has been

available to the public since May 2013. The full report is also publicly available.

Both the executive summary and full report have been available on the United Nations

Office on Drugs and Crime (UNODC) website since May 2013.

Status of implementation of the conventions

UN conventions fighting illegal drugs

In 2014, Peru remained the world’s top producer of cocaine and was the second-largest

cultivator of coca. Peru is also a major importer of chemical precursors used for cocaine

production. Peru has a specific agreement with the EU on the trade of drug precursors.

Although coca bush cultivation increased between 2005 and 2011, the increases during

this period were almost entirely reversed in 2013. The downward tendency continued in

2014, with a 14 % reduction in the surface of coca leaf plantations, following

government alternative development and eradication efforts. Some of the most significant

advances were made in the high-risk zones of Alto Huallaga, where coca production —

almost exclusively destined for the drug trade — has been reduced to a minimum.

Despite the advances in eradication, there has been an increase in drug smuggling

through the ports of Callao and Paita, and cocaine seizures remained relatively limited in

2014.

However, the 2012-2016 Peruvian national strategy to combat drugs has now been in

force for 3 years, and is working well. Peru is dedicating more resources and tackling the

issue in its own right. There is clear leadership, and the National Commission for

Development and Life Without Drugs (DEVIDA) has cemented its role as the lead

agency.

The strategy aims to improve results using an integrated approach that addresses all

aspects of the problem (eradication, alternative crops, control, rehabilitation and

prevention). It sets the general strategic objective of a drastic and lasting reduction in

illegal trafficking and consumption of drugs and their adverse social, political, economic,

cultural and environmental effects, while integrating those who produce illegal crops into

the lawful economy. The strategy also establishes ambitious goals and monitoring

indicators, and, if projections hold, these will translate into significant achievements by

2016. However, there are some areas in which it has not been made clear what resources

262

the Peruvian authorities plan to use to achieve the proposed aims, and others in which the

strategy could be further refined.

The Peruvian government’s commitment to stepping up the fight against drugs can be

seen in various legislative measures. In 2013, a legislative decree was passed establishing

control measures for chemical inputs and equipment used to produce illegal drugs.

To reduce cultivation in some areas, the Peruvian authorities have proposed a new

strategy, emphasising the promotion of alternative crops while maintaining eradication.

In response to a rebound in drug trafficking on non-commercial flights through Peruvian

air space, the Peruvian Air Force is operating a non-lethal air traffic interdiction

programme. This seeks to dissuading pilots who are trafficking drugs from entering

Peruvian territory.

At the regional level, Peru is also stepping up cooperation with neighbouring countries.

Fruitful bi-national meetings have been held with Brazil, Ecuador, Colombia and Chile,

and there is good cooperation with Bolivia.

At a political level, Peru has proven to be a committed partner in the framework of the

EU-CELAC Cooperation and Coordination Mechanism on Drugs, as well as in the joint

follow-up group on precursors.

Moreover, Peru has taken part very actively in the COPOLAD programme (cooperation

programme on drug policies between the EU and Latin America), a programme designed

to improve coherence, balance and impact of counter-narcotics policies. This involves an

exchange of practices and experiences, and a bi-regional coordination and promotion of

multi-sectorial, comprehensive and coordinated responses.

The United Nations monitoring body (INCB, International Narcotics Control Board) has

appraised the situation in Peru in May 2012, through a high-level mission led by the

President of the Board, with the objective of examining developments that had taken

place in the country and reviewing compliance with the three international drug control

convention to which Peru is a party. The findings of the mission were reflected in the

INCB Annual Report for 2012 (published in early 2013), which reported the launch of a

comprehensive national drug strategy for the period 2012-2016 placing emphasis on

alternative development, the fight against illicit coca bush cultivation and drug

trafficking and the prevention and treatment of drug abuse.

Moreover, the INCB Annual Report for 2014 noted that under the 2012-2016 national

strategy to combat drugs, the eradication of coca bush has intensified in the major coca-

growing regions of Huánuco and Ucayali. Peruvian authorities have proposed a new

strategy, emphasizing the promotion of alternative crops while maintaining the

eradication component, in order to reduce the level of cultivation in the Apurímac, Ene

and Mantaro river valleys

Nevertheless, the Board noted that the government permits cultivation of coca bush for

traditional domestic uses and for certain industrial purposes that are in contravention to

the 1961 Convention, and that the government didn’t not seem to be in a position to take

effective control over the 9 000 tonnes of coca leaf that are used annually for such

purposes.

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UN Convention against Corruption

In 2013, corruption was ranked as the second most significant source of concerns for

Peruvians, following security. The judicial power and the national police were perceived

as the ‘most corrupt’.

The imprisonment of former President Alberto Fujimori in 2007 remains the most

important landmark in the fight against corruption in Peru. Since then, no cases with such

a high profile have occurred. Cases of important drug lords, including Alberto Cataño or

the Sanchez Paredes family, do not progress in the courts, despite being the product of

years of police work. In addition, more than 5 000 pardons granted during the second

mandate of President Garcia (2006-2011) to several drug traffickers (including chiefs of

drug cartels) are being investigated. However, these investigations do not cover high-

level officials from the Garcia administration, despite growing allegations of grand

corruption involving former Presidents and Ministers.

A UNCAC review in 2013 identified a number of shortcomings in terms of criminalising

offences, including on passive international bribery, illicit enrichment of legal persons,

trading in influence, as well as legislation on bribery in the private sector. There are also

a number of recommendations on the extradition framework.

However, in 2012 Peru launched its national plan against corruption 2012-2016,

following its 2008-2011 plan. This is supported by a strategy and by setting up a national

commission against corruption, which will take charge of implementing measures

thorough the executive. While the plan is well designed, there are significant problems

with implementation and enforcement. In particular, the national plan does not tackle the

legislative and judiciary in practice. The executive appears more eager to promote

transparency and fight corruption than other state powers.

In the framework of its interest in joining the OECD, the Peruvian government is

undergoing a public governance review, with strong focus on transparency and fight

against corruption. It is expected that some achievements may be presented during this

process. The final report, which will include recommendations, is expected to be

published in early 2016.

Conclusions

Peru is still a major drug producing country. However, the government of Peru has

demonstrated increasingly strong political will for a successful implementation of the

ambitious national anti-drug strategy 2012-2016 to address drug production and

trafficking in Peru. This includes funding a substantial share of eradication operations

and carrying out successful law enforcement operations, reinforced by a strengthened

legislative framework and active and effective international cooperation. The work

should continue along these same lines so that a real, positive impact can be achieved in

the future in the fight against drug trafficking in Peru.

http://www.proetica.org.pe/viii-encuesta-nacional-sobre-percepciones-de-la-corrupcion-en-el-

peru-2013/

264

Peru’s national plan against corruption is well supported by a strategy and a national

commission against corruption, although there remain problems with implementation

and enforcement. Investigations on corruption do not stretch widely enough, and in

practice, the national plan does not tackle corruption in the judiciary or the legislature.

14.3. Trade and Economy

14.3.1.

Trade Picture

Over the past decade, Peru has been one of the region’s fastest-growing economies.

Between 2005 and 2014, the average growth rate was 6.1 %. Peru is the world’s second

largest producer of silver and third largest producer of copper, and Peru’s coastal waters

provide important fishing grounds. In 2014 growth slowed down as a result of adverse

external conditions.

The trade agreement between the EU and Peru has been provisionally applied on 1

March 2013. In 2014 Peruvian exports to the EU amounted to over EUR 4.7 billion. This

shows a decrease in exports of 6 % in comparison with 2013. Peru’s main export

products to the EU are mineral products (worth almost EUR 1.7 billion, or 35.5 % of

total exports) and vegetable products (worth over EUR 1.2 billion, or almost 25.5 % of

total exports).

Since the entry into force of the agreement several group of products have seen an

increase, namely those that are fully liberalised by the agreement (by 22 %), those that

are partially liberalised (by 11 %), and those subject to preferential tariff quota (by

102 %). The fall of imports from Peru of mineral products (of around EUR 1 billion) can

be attributed to the worldwide fall in minerals prices.

As a consequence of the conclusion of an FTA with the EU, Peru will be removed from

Annex II GSP Regulation with effect from January 2016. As a consequence of its ceasing

to be GSP beneficiary, Peru also ceases to be GSP+ beneficiary under Article 9(1) of the

GSP Regulation with effect from January 2016.

14.3.2.

GSP+ Statistics

Figures 14.1-14.3 below describe Peru’s utilisation of the GSP+, in the context of its

overall imports to the EU. The reduction in imports from Peru to the EU benefiting from

GSP+ preferences in 2014 is a result of the alternative preferences available under the

EU-Peru FTA.

Source for all statistics: Eurostat data, as of September 2015.

265

Figure 14.2

Peru - Imports to the EU, 2012-2015

Figures in thousand EUR

Total imports to EU

GSP+ eligible imports

GSP+ preferential imports

GSP+ utilisation rate

2012

6,059,612

1,133,496

1,085,507

95.77%

2013

5,071,923

1,261,292

766,463

60.77%

2014

2015 (Q1-2)

4,766,620

2,376,769

1,329,832

775,092

188,435

37,317

14.17%

4.81%

Trend 2012-

2014

-21.34%

17.32%

-82.64%

-85.20%

Figure 14.3

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15. Philippines– GSP+ Assessment

15.1. Country Overview

Following the overthrow of Ferdinand Marcos in the People Power Revolution in 1986,

the Philippines experienced a rapid transition to democracy, marked by the election of

President Corazon Aquino. Subsequent governments, notably the current one, have put in

place policies to tackle issues of governance and corruption, while advocating an

inclusive growth and poverty reduction agenda

With a population of over 100 million people, the Philippines is the second most

populated country among ASEAN countries. Its economy has more than doubled in size

in the last decade and is one of the fastest growing economies in Southeast Asia, with

GDP growth above 6 % for the last years. Inclusive growth policies have raised the per

capita income to USD 3 457 or USD 6 918 (at PPP value) and lifted 2.5 million Filipinos

out of poverty (World Bank, Philippine Economic Update, August 2014 (

)). At the same

time, unemployment figures have been falling (to 7.0 % in April 2014). Still, challenges

are many as according to the National Anti-Poverty Commission, 25.8 % of the

population is still living below the poverty line (

). Governance issues and frequent

natural disasters continue to challenge the country’s economic development.

Over the last 5 years, more than 2 million Filipinos left the country in search of a better

life abroad, bringing the number of overseas Filipino workers to over 10.2 million, of

which roughly 40 % are temporary migrant workers (

)

In 2010, President Aquino (

) (son of former President Corazon Aquino) took office with

a resolute programme to fight against poverty, corruption and impunity, and to strengthen

the respect of human rights. While considerable progress has been made on these issues,

extrajudicial killings, torture and enforced disappearances (including by national,

provincial and local government agents, and paramilitary forces) have proved difficult to

resolve. Investigation and prosecution of human rights violations is limited and trials are

slow, partly due to an under-resourced and understaffed justice system.

The human rights situation is particularly problematic in Mindanao, especially for

indigenous people. The four-decade-old conflict has cost more than 100 000 lives in the

Mindanao Island and with over 370 000 displaced has also led to a humanitarian crisis.

During the Aquino Presidency, the Mindanao Peace Process has been a priority. A

comprehensive peace agreement between the government and the Moro Islamic

Liberation Front (MILF) was signed in March 2014 (

) and the administration has

introduced a bill to Congress (Bangsamoro Basic Law) in September 2014 which

http://www.worldbank.org/en/country/philippines/publication/philippines-accelerating-public-

investment-to-sustain-growth-that-benefits-the-poor

http://maps.napc.gov.ph/drupal/articles/poverty-count

Commission on Filipinos Overseas, http://www.cfo.gov.ph/

Constitutionally limited to a 6-year term until 2016.

The Philippine government and the rebel Moro Islamic Liberation Front signed a peace

agreement on March 27, 2014, which would extend a certain degree of autonomy to

Muslims in Mindanao.

267

foresees deepening and widening autonomy in the Muslim-majority region. Following

the Mamasapano incident, a police operation in January 2015 which cost the lives of 67

people including 44 special police forces, the adoption of the law by the Congress and its

ratification through popular plebiscite, which the EU has been officially invited to

monitor, are pending. If successful, the process has potential to deliver a substantial

peace dividend, as it will lead to improvements in the human rights and humanitarian

situation and counter violent extremism.

15.2. Compliance with GSP+ Obligations

The Philippines were granted GSP+ treatment only in December 2014 which makes that

the reporting period for compliance with GSP+ obligations is only 12 months.

15.2.1.

UN Human Rights Conventions (conventions 1-7)

Status of ratification and reporting

The Philippines has ratified all seven relevant UN human rights conventions listed in the

Annex VIII of the Regulation (EU) No 978/2012, and maintains ratification. While some

reservations were initially issued regarding the genocide convention (Articles 4, 6, 7, 9),

legislation by the Philippines in 2009 (Republic Act No 9851) has since nullified these

reservations. Further details can be found in the annex.

The Philippines has submitted all due reports on ICCPR, ICESCR, CEDAW, CAT and

CRC. The Philippines has not yet complied with reporting obligations on CERD (the

report due in 2012 has not been submitted yet). The Convention on the Prevention and

Punishment of the Crime of Genocide does not foresee country reports or a specific

monitoring mechanism.

On 29 May 2012, the Philippines underwent its second cycle universal periodic review.

The Report of the Working Group on the Universal Periodic Review of 9 July 2012

provides good indications of gaps in the implementation of applicable human rights

conventions. These areas include extrajudicial killings and executions, enforced

disappearance (in particular if committed by the armed forces and the police, as well as

non-state actors), torture, human trafficking, corporal punishment, rights of indigenous

peoples and conditions of detention centres.

Status of implementation of the conventions

International Convention on the Elimination of All Forms of Racial

Discrimination

There are no accurate statistics or databases of indigenous people’s (IP) populations in

the Philippines. The government relies on an estimate of ‘10-14 % IP population’. The

National Commission for Indigenous People (NCIP), a government agency composed of

tribal members should update the relevant figures on the IP population nationwide.

The lack of full integration of indigenous people into the structures of society continues

to persevere: from limited access to health, education, and other basic services to

inadequate representation in policy-making institutions and local executive councils.

Indigenous people are also significantly affected by armed conflict, including

268

displacement from their homes, being caught in the fights between government forces

and insurgent or other militant groups, including state security forces, but also as a result

of mining and other extractive industries established in their territories.

The NCIP acknowledges the complaints of alleged indigenous peoples rights violations

(IPRVs), including those linked to mining activities, government projects, anti-

insurgency operations, militarisation and armed conflict. The NCIP has authority to issue

certificates for ‘ancestral domain titles’ and studies ‘ancestral water’ claims. There is

now a ‘quick response mechanism’ (QRM) for IPRVs established by the NCIP to address

these complaints.

One issue in this context is the existence of private armies and paramilitary groups.

‘Private armies’ controlled by politicians are very active, especially during election

periods although there is a standing order to the national police to dismantle these groups.

An example of a private army is that of the Ampatuan clan whose members are now

standing trial for the murder of 54 people including journalists (so called Maguindanao

massacre). An independent commission established in 2010 to deal with private armed

groups (PAGs) so far has not made any concrete recommendations on how to deal with

private armies.

Auxiliary and paramilitary forces such as the Civilian Armed Forces Geographical Units

(CAFGU), Civilian Volunteer Organisation (CVOs) and the Investment Defence Forces

(IDFs), trained and armed by the Armed Forces of the Philippines (AFP) and the

Philippines National Police, owe their existence to laws or executive orders such as

Executive Order (EO) 546 signed by former President Gloria Arroy in 2006. These

groups have specific ‘missions’ — combat insurgents, protect business interests, etc. —

and are under the supervision of the AFP. Formed in 2008 by President Arroyo, the

Investment Defence Forces (

) — corporate security guards and paramilitaries trained by

the AFP to protect mining and industrial facilities from rebel attacks — have been

blamed for many IPRVs including forced disappearances and killings. Contrary to what

had been expected EO546 has not been revoked under the Aquino administration and in

2011 the creation of additional paramilitary groups known as the Special CAFGU Active

Auxiliary Units was approved.

Displacement of indigenous peoples due to ‘militarisation’ was one of the issues cited by

the United Nations special rapporteur on the human rights of internally displaced

persons, Chaloka Beyani (

), during his recent monitoring mission to the Philippines.

The following examples may serve to illustrate alleged recent IPRVs:

Since May 2015, hundreds of Lumads (term used to denote indigenous people of the

southern Philippines) have taken refuge in an evacuation camp in Davao City after

http://www.gmanetwork.com/news/story/89872/news/regions/arroyo-orders-military-to-guard-

mindanao-mining-areas

Statement of the United Nations Special Rapporteur on the human rights of internally displaced

persons, Chaloka Beyani, on the conclusion of his official visit to the Philippines, 21-31 July

2015,

http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=16280&LangID=

E#sthash.dERzbr4Y.dpuf.

269

government forces overran their communities as part of an on-going offensive against the

communist New People’s Army insurgency.

On 18 August 2015, government soldiers allegedly killed five members of a Lumad

family — including children aged 13 and 17 — in Bukidnon province. The AFP at first

alleged that the five killed in Bukidnon were New People’s Army guerrillas and later

claimed that it had been a case of a ‘tribal conflict’ (

On 1 September 2015 suspected members of a government-backed paramilitary group

reportedly killed the director of a tribal school in

Surigao del Sur

province, Mindanao,

along with two other human rights defenders (

). The AFP denied involvement in the

Surigao killings. On 22 September 2015, three UN special rapporteurs respectively in

charge of the rights of indigenous peoples, of the situation of human rights defenders and

of extrajudicial, summary or arbitrary executions issued a joint statement urging the

Filipino authorities to probe into the killings (

). In addition, Mr Michel Forst, the UN

special rapporteur on the situation of human rights Defenders, urged the government to

finally accept his repeated requests to visit the country in order to assess, in the spirit of

dialogue and cooperation, the environment in which human rights defenders operate in

the Philippines (

). On 25 September, the Department of Justice issued a press statement

announcing that an in-depth and objective investigation was underway to bring to justice

those behind the killings, regardless of whether the perpetrators are the NPA,

paramilitary groups, or members of the state security forces.

The Free and Prior Informed Consent (FPIC) clause under the Indigenous Peoples Rights

Act is a critical component for indigenous people to have influence over business actions

in their communities. The government claims it ‘has continuously and strictly enforced

the policy guidelines on free and prior informed consent (FPIC) required before the

commencement of any project, activity or program within ancestral domains’. (

)

However, the credibility of the FPIC process is under scrutiny because of the climate of

fear experienced by indigenous population communities in regions with resource-based

conflicts. For example, in Tampakan, South Cotabato, three family members of a known

B’laan tribe anti-mining leader were allegedly killed by the military. In Bukidnon

province a local paramilitary group allegedly shot and killed Matigsalug tribal leader and

anti-mining advocate Jimmy Liguyon (

). The inclusivity and transparency issues

surrounding the FPIC process have also been pointed out by the UNSR on the Rights of

IDPs.

http://www.manilatimes.net/5-villagers-slain-by-troops-are-rebels-afp/214351/;

http://www.rappler.com/nation/103688-5-killed-bukidnon-civilians-npa

http://www.rappler.com/nation/104433-school-head-lumad-leaders-killed-surigao-del-sur

‘Philippines: UN experts urge probe into killings of three Indigenous peoples’ rights defenders’

(http://unsr.vtaulicorpuz.org/site/index.php/en/statements/89-phillipines-experts-urge)

See more at:

http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=16481&LangID=

E#sthash.MXzH2Ui9.dpuf

http://www.gmanetwork.com/news/story/94171/news/regions/military-pushing-interim-

paramilitary-units

https://www.fidh.org/International-Federation-for-Human-Rights/asia/philippines/Killing-of-

Mr-Jimmy-Liguyon

270

Through the efforts of a project financed by the EU (

), an indigenous people desk has

been established in the Mindanao Business Council last May 2015, which aims to

facilitate stakeholder consultation in relation to FPIC from indigenous communities with

regard to resource management. Private companies who want to operate and do business

in the ancestral domain areas could use this platform in the context of conflict-sensitive

economic governance. A database of relevant information on the ancestral domain areas,

conflict-mapping, resource and development will also be made available. If this platform

for consultation is proven to be effective, NCIP should consider replication in other

indigenous regions outside of Mindanao. The FPIC process could be strengthened

through this platform of discussion and consultation with the end view of addressing

human rights violations in ancestral domain areas.

The government is advocating for the passage of a law (Draft House Bill No 4744/

Senate Bill 2785) to protect and promote the rights of internally displaced peoples (Act

Protecting the Rights of Internally Displaced Persons and Penalising the Acts of

Arbitrary Internal Displacement). While the House of Representatives approved the bill

on third reading, the senate’s version is still to be discussed and adopted, i.e. the chances

of it happening during this Congress are becoming slim.

International Covenant on Civil and Political Rights (ICCPR)

There exist a number of reports on extra judicial killings (EJKs) and widespread

impunity (

). According to some reports there have been 263 EJKs from June 2010 to

July 2015; the victims were mainly farmers, indigenous people and human rights

defenders.

Out of the numerous cases of EJKs filed in court, only one seems to have led to a

conviction: Records released to Human Rights Watch in May 2015 by Task Force Usig,

the main arm of the Philippine National Police for investigating and monitoring

extrajudicial killings, show that there has been only one conviction out of the 130 cases

of killings of activists it recorded since 2001.

The Ampatuan Massacre of November 2009 (with 58 people killed, including 34

journalists), for instance, remains unresolved to date although the case trial has been

going on for five years. The trial against 197 accused, including 70 police and military

officers, started in January 2010. In December 2015, 21 officers were dismissed by the

Philippines police force for being "co-conspirators" of the massacre because they had

failed to stop the son of a political warlord and his bodyguards who carried out the

killings. All but one of the officers were found guilty of grave misconduct. The Center

for Media Freedom and Responsibility (CMFR), a media freedom watchdog, claims that

‘Strengthening Inclusive and Conflict-Sensitive Economic Governance of Ancestral Lands

Through Indigenous Peoples (IPs), Local Governments and Business Sector Partnerships’,

implemented from 1 December 2011 to 30 January 2015, implemented by Internal Alert UK

and with EU contribution of EUR 589,174 (75 % of project cost).

The Global Impunity Index by the Committee to Protect Journalists (CPJ) ranks the Philippines

in fourth place, making it the only country among the top five that is not in a state of large-

scale armed conflict. (https://cpj.org/reports/2015/10/impunity-index-getting-away-with-

murder.php).

271

two prosecution witnesses, who both testified and were present at the massacre, have

been killed (

The national Commission on Human Rights (CHR) launched in December 2014 the

national monitoring mechanism for EJKs, standardising the criteria for defining EJKs.

There is a noted decrease in the number of EJKs (under the previous administration the

number of EJKs had been a four-digit number) and forced disappearances.

However, human rights organisations note that the legal charges for alleged criminal

offences (‘trumped-up charges’) against human rights defenders (HRDs) are increasing.

Reports by Philippine human rights organisations claim that around 350 people were

victims of illegal arrests followed by detention since 2010.

The issuance of Administrative Order 35 (AO 35 Creating the inter-agency committee on

extra-legal killings, enforced disappearances, torture and other grave violations of the

right to life, liberty and security of persons) signed by the President of the Philippines in

2012 and the arrest of the former General Palparan and the Reyes brothers on charges of

violation of human rights illustrate the government’s efforts to address the EJK and

enforced disappearances of political activists.

The EU-Philippines Justice Support Programme, now in its second phase, provides

support to the implementation of AO 35 by developing murder investigation and forensic

and operational guidelines manuals and providing training to prosecutors and the police

in their use. The programme also supports the improvement of a witness protection

programme as well as the official inter-agency civil society national monitoring

mechanism on EJKs and ED.

The Philippines has not yet signed or ratified the UN Convention on Enforced

Disappearance although a national law against enforced disappearance is already in

effect. To date, none of the victims have been indemnified. Warrantless arrests, and

denial of free trial and due process, remain widespread in the provinces.

While the Armed Forces of the Philippines (AFP) and Philippine National Police (PNP)

has each set up their human rights offices, the reports released by these agencies have not

been made public, which makes it impossible for human rights groups to monitor actions

to complaints filed against uniformed personnel.

International Covenant on Economic, Social and Cultural Rights

(ICESCR)

The number of victims of trafficking in human beings, as estimated by ILO, has

decreased modestly. Access to special services for victims of trafficking also remains

unenhanced. The US State Department’s report in 2014 maintained the country’s ranking

under Tier 2 category as ‘the Government of the Philippines does not fully comply with

the minimum standards for the elimination of trafficking; however, it is making

significant efforts to do so’ (

Statement by the Center for Media Freedom and Responsibility published on cmfr-phil.org on

20 November 2014.

(69)

http://www.state.gov/j/tip/rls/tiprpt/2014/

(68)

272

According to the Inter-Agency Council Against Trafficking (IACAT) update, there have

been 183 convictions since the year 2005, involving 206 persons involved in trafficking

in human beings. The government has set up an interagency mechanisms, expanded the

anti-trafficking law and enhanced coordination.

According to data by the Philippine Overseas Employment Administration (POEA) the

number of Filipinos who have left the country for work has increased from 1.4 million in

2005 to 1.8 million in 2013, totalling over 10.2 million overseas Filipinos to date. Even

though the official line by the government is to encourage job creation in the Philippines,

remittances contribute significantly to the economy (USD 24.3 billion in 2014, or more

than 8 % of GDP) and thus to poverty reduction. The Department of Labor and

Employment has put in place a supporting and coordinating mechanism in OFW

countries through dedicated officials in the diplomatic missions on the Philippines.

On forcible eviction, the government’s response focuses on the housing backlogs and

related services for the urban poor. However, the forcible eviction of informal settlers

could be discussed more. According to Demolition Watch and Defend Jobs Philippines,

an estimated 73 000 informal settlers have been forcibly evicted from their homes in

2014 (

). The Urban Development and Housing Act of 1992 (Republic Act No 7279)

promotes dialogue and consultations with affected communities to avoid violent

confrontations.

The Comprehensive Agrarian Reform Program (CARP) is one of the government’s

centrepiece programmes to affect social justice among the rural poor. The programme’s

implementation (which started in 1987 and expired in 2014) has been extended as

Comprehensive Agrarian Reform Program Extension with Reform (CARPER), which

‘gives the highest consideration to the welfare of the landless farmers and farm workers’.

There are, however, backlogs of agricultural lands that need to be distributed to farmers-

beneficiaries. Bills filed in Congress seek to extend the programme (House Bill

No 4296), but this has been criticised because of provisions directly favouring landlords,

such as exemptions of rain-fed lands close to national highways and increasing the

retention limit of the landholdings of landlords and their heirs.

The government has made serious efforts to increase universal healthcare in the

Philippines, showing promising results: the overall health budget doubled from PHP 41

billion (EUR 800 million) in 2011 to PHP 87 billion (EUR 1.7 billion) in 2015. PHP 116

billion (EUR 2.3 billion) has been requested for 2016. Similarly, enrolment in the

national health insurance has increased through subsidising contributions of the (40 %)

poorest and now stands at 87 %.

The education sector has traditionally received the biggest allocation in the national

budget. The government’s efforts at bridging the education gaps such as lack of school

buildings, high teacher-to-student ratio, cohort survival and education competiveness are

seriously addressed through different institutional and programmatic schemes. This year,

the government has introduced a K-12 education system (as in other countries) and is

considering encouraging more vocational training and ‘apprenticeship’ schemes to

facilitate matching graduates with the job market.

(70)

http://globalinitiative-escr.org/human-rights-committee-to-consider-case-of-forced-eviction-

in-the-philippines/

273

Convention on the Elimination of All Forms of Discrimination Against

Women (CEDAW)

Women play an important role in Philippine life. The legal and policy environment for

the protection and promotion of Filipino women’s rights are quite advanced compared to

other countries. The Philippines was ranked highly in the global gender equality index,

particularly in the areas of education and health (

). However, according to the Philippine

Commission on Women (a government institution), Violence Against Women (VAW)

cases reported as of 2014 to the police have increased to 23 865 cases. The Commission,

noted, however, that this increase may be due to the more intense information campaigns

on VAW.

President Aquino signed, following Congress approval the Responsible Parenthood and

Reproductive Health (RPRH) Law, which faced strong opposition. The law endured a

legal challenge which delayed its implementation and meant some compromises had to

be made, but the passage of the bill (which basically had been declared constitutional)

can be seen as a great accomplishment of the current administration. The bill provides,

among others, for the following:

•

access to family planning with accredited healthcare facilities to provide modern

family methods and PhilHealth to shoulder expenses for these services for the

poor;

integration of a responsible parenthood and family planning component in anti-

poverty programmes;

maximum benefits to be provided by the PhilHealth for HIV/AIDS, breast and

reproductive tract cancer, obstetric complications and menopausal/post-

menopausal conditions.

•

However, a number of specific items in the bill were ruled unconstitutional and had to be

amended, for instance minors now would need parental consent to have access to family

planning and married individual would need the consent of the spouse to undergo

reproductive health procedures when not in an emergency. In addition, not only private

but also public health provider can, according to religious beliefs, refuse specific services

when not in an emergency of serious situation and can also refuse to disseminate

information regarding programmes and services on reproductive health (

Convention against Torture and other Cruel, Inhuman or Degrading

Treatment or Punishment

The problem of torture persists in the country, reflecting the difficulties higher-level

authorities encounter in enforcing discipline and the correct attitude towards human

rights among the responsible agencies. Despite the administration’s pledges, cases of

grave human rights abuses — including torture — remain largely unresolved. Amnesty

International, quoting data from the Commission on Human Rights, revealed that there

(71)

(72)

2014 Global Gender Gap Report.

http://www.gmanetwork.com/news/story/355961/news/nation/sc-says-rh-law-constitutional-

except-for-some-provisions

274

had been 457 alleged cases of torture, including prison inmates allegedly tortured by

police using the so called ‘torture wheel’ (

A national preventive mechanism has yet to be established in compliance to the provision

of Optional Protocol to the Convention against Torture (OPCAT), although a bill has

already been filed in the Philippine Congress to create the said structure.

Convention on the Rights of the Child

Child labour persists side by side with poverty in the Philippines, in particular in the

agriculture and mining business. No decrease in the number of child labourers in the

country has been observed. Also, as implied in ILO CEACR for Convention 182, there is

a lack of information on the number of investigations, prosecutions, convictions and

penal sanctions applied to persons who violated applicable laws such as Republic Act

10361 and Republic Act 7610.

There is serious concern about the alleged executions of more than 1 000 criminals —

including children accused of being in conflict with the law — since the late 1990s in

Davao City by the so called ‘Davao Death Squad’. A similar death squad allegedly

operated in Tagum City, also in Mindanao, and has victimised many people including

children accused of crime. Although the national agencies like the Justice Department

and Commission on Human Rights have recently spoken out about this issue (and one

case has reached the ombudsman), no person has been convicted so far, except for a one

month suspension against several erring policemen.

The Philippines’ drop-out rate for both primary and secondary levels has been noted to

be rising, albeit slowly, since 2007 (

). More encouraging, the Philippine Institute of

Development Studies, through a UNICEF-supported study, reported that the number of

out-of-school children in the country has dropped to 1.2 million, down from 2.9 million

in 2008. Survival of children until they reach the final grade/year, as indicated by cohort

survival rates, has been improving over the years. However, elementary rate was 75 %

and for secondary it was only 78 %, putting at least a 20 percentage point difference

between the current rate (school years 2012-2013) and the targeted 100 % target.

Future actions and priorities

The Philippines has functioning human rights institutions at the national level (

); future

actions should aim at supporting the country on this path.

The Commission of Human Rights is mandated to investigate cases of human rights

violations and to monitor government compliance with international human rights treaty

obligations. The Commission of Human Rights believes it faces difficulties in pursuing

its activities due to insufficient resources and lack of staff to follow-up cases presented to

its regional and sub-regional offices. There is also a regional human rights commission

mandated to monitoring alleged violations in the Autonomous Region of Muslim

(73)

(74)

(75)

‘Above the Law: Police Torture in the Philippines’, 2014 Amnesty International Report.

http://www.philstar.com/campus/2014/06/12/1333995/phl-dropout-rates-rising-2007

The Human Rights Commission (HRC) of the Philippines established in 1987 is an

independent office, with the primary function of investigating all forms of human rights

violations involving civil and political rights.

275

Mindanao (Bangsamoro) which received its first government funding and began hiring

staff in April 2014. The Office of Ombudsman has jurisdiction to handle complaints

concerning all public officials and employees. The Presidential Human Rights

Committee is a multi-agency body tasked to coordinate actions on human rights and

compile the government’s submission for the UN Universal Periodic Review.

Although the pledges of the administration to protect human rights and bring abusers to

justice are still valid, human rights do not seem to have enough priority: The

administration has no adopted national human rights action plan. Such a plan (

) was

prepared by the previous administration and is now under review, but was never signed

by the current administration. This plan is partially and haphazardly applied by different

human rights agencies. Since October 2015, legislators risk being more occupied with the

preparations for the upcoming general elections in May 2016 and there are no clear

indications of additional actions and priorities in the field of the relevant human rights

conventions beyond 2015.

The Philippines has been elected as a member of the UN Human Rights Council for

2016-2018.

Conclusions

While the overall human rights situation in the Philippines appears to be significantly

better than that under the previous administration (

), there has been little further

improvement during the — short — 12-month reporting period, i.e. from December 2014

to December 2015; during this period some progress has been made mainly as regards

social and economic rights.

It deserves to be noted that the Aquino administration since 2010 has been continuing to

further strengthening the country’s human rights legal framework and that the number of

extra-judicial killings and enforced disappearances has substantially declined.

Nevertheless, there remain gaps in terms of command responsibility, policy and practice,

as laws are not always fully implemented and monitoring is weak, especially in local

provinces. The administrative process is slow on the side of government agencies tasked

to investigate and provide evidence to substantiate alleged human rights violations

(Commission of Human Rights, the Office of the Ombudsman, the Presidential Human

Rights Committee, National Commission on Indigenous People). The major problem of

the Philippines remains the culture of impunity as cases of grave human rights abuses,

including extra-judicial killings and torture, remain largely unresolved. This includes not

only cases of major human rights abuses which occurred before the current

administration took office, but also the killings of human rights activists and media

workers that happened while this administration was in office. The situation of

indigenous people and of human rights defenders is of concern. The same applies to the

role of private armies and paramilitary groups; the Aquino administration has not

(76)

(77)

Second National Human Rights Action Plan of the Philippines 2010-2014.

See also The World Bank, Worldwide Governance Indicators Philippines (1996-2014), in

276

revoked Executive Order 546 signed under former President Arroyo.

As regards the status of ratification and reporting, the Philippines has ratified all seven

relevant UN HR conventions and — with the exception of the report on CERD — has

complied with all reporting obligations.

Human rights organisations recognise the intent on the side of current political

leadership and administration to protect human rights and bring abusers to justice, in

particular end killings of activists and journalists, yet ask for actual improvement on the

ground. With many abuses taking place in more remote areas under the influence of

local political or business interests, the difficulty of ensuring that national-level policies

get implemented at local level has to be acknowledged in this context.

On the positive side it must be noted that — despite the extra-judicial killings and the

climate of impunity — civil society in the Philippines in general remains vibrant which

allows getting a clearer picture of the human rights situation than in many other

countries. In line with the compliance with the reporting obligations under the UN

conventions, there is — based on contacts with the administration — also a clear sense

that the government takes its obligations under the GSP+ mechanism very seriously.

The Partnership and Cooperation Agreement between the EU and the Philippines signed

in 2012 is expected to enter into force in 2016. As it foresees cooperation on human

rights, it will provide an institutional opportunity to further engage on the matter in a

more structured format.

15.2.2.

ILO Labour Rights Conventions (conventions 8-15)

Status of ratification and reporting

The Republic of the Philippines has ratified all eight ILO core labour standards, and

maintains ratification. The Philippines has complied with reporting obligations during the

period concerned. For details please see the annexed table.

Status of implementation of the conventions

Freedom of association and collective bargaining (Conventions 87 and

98)

The legal basis is in place to provide for workers to form and join independent unions,

bargain collectively and conduct legal strikes.

The ILO Committee of Experts on the Application of Conventions and

Recommendations (CEACR, hereinafter referred to as Committee of Experts) has

requested (in 2012) changes in laws and in practice to guarantee that all workers legally

residing in the country can enjoy the trade union rights provided by Convention 87, do

particular indicator on rule of law.

277

away with union membership limitations and with the excessively high requirement for

registration of federations or national unions (

Since 2012 the Committee of Experts has been requesting clarification from the

Philippines of allegations of anti-union acts, discrimination and interference with special

emphasis on export processing zones (EPZs) and special economic zones (SEZs). Trade

unions claim that local political leaders who govern these zones, officials, including

government stationed security forces near industrial areas or SEZs explicitly limit union

efforts by intimidating workers attempting to organise and maintaining union-free or

strike-free policies.

Despite recent government statements (e.g. by Labor Secretary Rosalinda Dimapilis on

20 February 2015) emphasising Philippines’ compliance with Conventions 87 and 98,

there remain controversies and the country, based on ITUC’s 2014 Global Rights Index,

earned a ‘5’ rating, which meant ‘no guarantee of rights’. This requires specific EU

attention.

The National Labor Relations Commission (NLRC) is the main consultative and

advisory mechanism on labour issues. It functions as a tripartite forum of unions,

employers and government. It is also responsible for coordinating investigations of cases

pending before the ILO concerning allegations of violence and harassment directed at

labour leaders and trade union activists.

The Department of Labor and Employment (DOLE) acknowledged that insufficient

inspection funds and labour inspection officers continued to impede its ability to

investigate labour law violations effectively, especially in the informal sector or in small

and middle-size companies. DOLE announced that it plans to recruit 300 more labour

inspectors. In addition, DOLE also permits companies to undertake voluntary self-

assessments of compliance.

Forced labour (Conventions 29 and 105)

In view of accounts suggesting that men, women and children are trafficked inside and

outside the Philippines for the purpose of prostitution, involuntary domestic service and

forced labour in industries, manufacturing, fisheries, agriculture and construction, the

country was requested (in 2012) to effectively combat trafficking in persons, and to

ensure that thorough investigations and robust prosecutions are carried out, also with

special attention to migrant workers.

On the 2014 US Department of State’s Trafficking in Persons Report, please see the

information provided in the chapter on the ‘International Covenant on Economic, Social

and Cultural Rights (ICESCR)’.

Worst forms of child labour (Convention 182)

Trafficking of persons, mostly women and children, for labour exploitation is taking

place in various sectors, including agriculture, construction, fishing, manufacturing and

services industries, as well as for sex tourism. Investigation and arrest of offenders seem

(78)

The law prohibits trade unions for short-term contract workers and foreign-national workers,

unless a reciprocity agreement exists between the countries.

278

to focus mainly on cases involving sexual exploitation and to a lesser extent on labour

exploitation. Despite widespread acknowledgement of the problem by government

officials, deep-rooted corruption at various levels of law enforcement continues to be a

major obstacle in the identification of trafficked persons, as well as a hindrance to the

effective investigation of trafficking cases. The Committee of Experts urged (in 2013) the

Philippines to intensify efforts to have these anomalies curtailed.

Programmes to address child labour by the government, international agencies and civil

society groups are in place.

The Ecumenical Institute for Labor Education Research (EILER) (

) conducted a

baseline study which confirmed the prevalence of child labour in mines and plantations

in various parts of the Philippines. In plantation communities, about 22.5 % of

households have child workers. In mining towns, child labour incidence was 14 %.

Minimum age for work (Convention 138)

According to statistics of the Philippine Statistics Authority dating from 2011 there are

5.492 million working children aged 5 to 17 years, 58.4 % of whom work in a hazardous

environment, or worked for long hours as indicated by the Committee of Experts in its

2015 report (

). The government has made serious efforts to ensure that self-employed

children and children in the informal economy are protected and afforded appropriate

services. It also launched the Campaign for Child Labor-Free Barangays in May 2012,

with the aim of obtaining the commitment and support from various stakeholders in order

to render barangays (villages) free from child labour. As of June 2013, a total of 132

barangays nationwide are listed as child labour-free.

The Committee of Experts requested the government to sustain efforts to reduce the high

number of working children and provide information on the results achieved.

Elimination of discrimination (Conventions 100 and 111)

For many years, the Committee of Experts has been urging the government to give full

legislative expression to the principle of equal remuneration for men and women for

work of equal value.

In Congress, a number of initiatives has been submitted including most recently Senate

Bill 173 on Equal Employment Opportunities which ‘ declares the policy of the state to

protect and enhance the right of all people to human dignity and to reduce economic

inequity by promoting equality of employment opportunities for all regardless of sex,

race, creed, age, appearance, sexual orientation, regional or ethnic origin, disability,

weight or height.’ However, these initiatives have not yet been adopted into law.

(79)

‘Key Findings of Baseline Study on Child Labor in Mining and Plantations’. (EILER, 2015).

( ) 2011 Survey on Children (SOC), Philippines Statistics Authority, July 2012;

https://psa.gov.ph/content/number-working-children-5-17-years-old-estimated-55-million-

preliminary-results-2011-survey.

279

Future actions and priorities

The Department of Labor and Employment (DOLE) has taken the GSP+ as an additional

tool to help support some of its policies to strengthen labour rights. Notably following

labour rights issues in the tuna industry in General Santos, DOLE has been working on a

joint department order to ‘harmonize laws and regulations in giving decent work to

fishermen and ease doing business with the fishing industry. It will also ensure the

industry’s competitiveness, expansion and growth.’ The order will help compliance with

labour standards and occupational safety and health standards and focus on the needs of

fishermen. DOLE Secretary Baldoz stated that, ‘with the accession to GSP+, Philippine

companies should open itself up to closer scrutiny for compliance with labor laws and

international labor rights instruments’. It is in this light that a memorandum of agreement

was agreed with DOLE, Department of Agriculture, Department of Transportation and

Communications, Department of Science and Technology, Maritime Industry Authority

(MARINA), Bureau of Fisheries and Aquatic Resources (BFAR), Philippines Fisheries

Development Authority (PFDA) and the Philippines Coast Guard in recognition of the

need to harmonise government interventions at the operational, programme and policy

levels (

Conclusions

The government directions on labour policies, its issues and challenges were formalised

under a Labor and Employment Plan (2011-2016). The ILO has appreciated important

progress achieved by the current administration to improve awareness and

implementation of labour and employment policies, and to ensure compliance with the

eight core ILO conventions, in particular at the level of national authorities. Challenges

continue to arise in the regions and sub-regions, especially in areas with high levels of

unemployment, in fisheries, mining and extractive industries sectors. In 2012, the

Philippines ratified the ILO Maritime Labour Convention and the ILO Domestic Workers

Convention. External circumstances such as deadly typhoons have, however, to an extent

exacerbated problems, including child labour and trafficking. Other actions taken are

progressive, for example training the military and the police on the difference between

insurgents and union associations.

15.2.3.

UN Conventions on Environmental Protection and

Climate Change (conventions 16-23)

Status of ratification and reporting

The Philippines has ratified all GSP+-relevant conventions on environmental protection

and climate change, and maintains ratification.

The Philippines complied with the reporting obligations under the relevant Conventions,

with the exception of CITES (Annual report for 2008 due, Biennial reports for 2003-04,

(

) http://news.pia.gov.ph/article/view/1611426551447/dole-pushes-for-protection-decent-

work-for-filipino-fishermen#sthash.AjtffCLo.dpuf

280

2005-06, 2007-08, 2009-10, 2011-12, and 2012-13 due), the Cartagena Protocol on

Biosafety (Third National Report was due on 1 November 2015) and the Stockholm

Convention on Persistent Organic Pollutants (the second National Report was submitted

on 5.8.2011, and the first and 3rd report has not yet been submitted.)

The Montreal Protocol on Substances that Deplete the Ozone Layer was ratified by the

Philippines in 1991. The Philippines is included in Article 5, paragraph 1 of the protocol

and is therefore granted a 10-year delay to comply with the control measures. The

Philippines is compliant with all reporting requirements on the climate change

conventions.

Status of implementation of the conventions

Convention on International Trade in Endangered Species of Wild Flora

and Fauna (CITES)

The Philippines is one of the mega-diverse biodiversity countries in the world. As

regards CITES implementation, the Wildlife Resources Conservation and Protection Act

of 2001 is the main legislation protecting endangered species. The Department of

Environment and Natural Resources, the national police and the Bureau of Customs all

have created wildlife traffic and monitoring units. The geography of the country and

endemic poverty however make it difficult for government to control all forms of illegal

trade in wildlife, but few data is available on actual enforcement of the law against

offenders.

The CITES Standing Committee identified Philippines in 2013 as one of the eight

‘countries of primary concern’ in relation to illegal ivory trade. The Standing Committee

recommended subsequently that Philippines adopt and implement a national ivory action

plan to address the role of the country as transit place for illegal ivory trade. The

Philippines submitted such a Plan which was assessed by the CITES Standing Committee

in July 2014 and decided that the plan should be strengthened with a view to a new

assessment at the 66th CITES Standing meeting in January 2016.

The Philippines reported on numerous activities connected to the implementation of

CITES. Among them are the enactment of the Wildlife Resources Conservation and

Protection Act and measure connected to addressing wildlife trafficking through training

wildlife enforcement officers, the establishment of a task force, Philippine Operations

Groups on Ivory and Illegal Wildlife Trade, the destruction of 4 tonnes of smuggled

elephant ivory, filing of criminal complaints, carrying out buy-bust operations on illegal

wildlife traders and law enforcement operations, carrying out capacity-building activities;

and the celebration of World Wildlife Day.

The Philippines reported on several national constraints regarding the implementation of

the convention, connected to weak capacities of concerned regional offices’ personnel,

inadequate knowledge of the local communities on the importance and significance in

protecting and conserving wildlife resources, limited budget to sustain the conduct of law

enforcement operations, lack of cooperation among the local government units in the

enforcement of laws; and rules and regulations governing wildlife.

281

Basel Convention

In implementing the Basel Convention, the major challenges faced are

the arrival of shipments in the Philippines without the necessary

importation clearance and incidences of illegal traffic of hazardous

waste.

The legislation in place (Republic Act 6969 and Administrative Order DAO 29 and 28),

as implemented by the Department of Environment and Natural Resources (DENR)

seems to allow for an effective control of imports of hazardous wastes from developed

countries. The non-ratification of the Ban Amendment however generated much criticism

from environmental groups who flagged the possibility of illegally labelled

shipments (

). As a result, the Philippines prohibits the import of hazardous wastes for

final disposal but continues to allow selected imports for recycling (about 100 000 metric

tonnes/year).

Poor environmental standards in small scale recycling plants for lead batteries, e-waste

etc. is also a matter of concern, which DENR has recently indicated that it will address.

The Philippines has entered into a bilateral agreement with the United States — a non-

party to the convention — to regulate exports of hazardous waste from the Philippines to

the US.

On concrete developments, the Philippines reported on issuance of importation clearance

for recyclable materials containing hazardous substances and export clearance for

hazardous waste, as well as submission of pledges for the Trust Fund. Planned activities

regarding hazardous waste management include amending existing laws and regulations

to update the classification of hazardous waste, and the development of guidelines on e-

waste to strengthen enforcement and ensure that hazardous wastes are handled in an

environmentally sound manner, according to the Environmental Management Bureau for

2015.

Convention on Biological Diversity

The Philippines has consistently met the requirements of the Convention on Biological

Diversity (CBD), although the trend in biodiversity loss in the country remains worrying.

The Philippines is one of the world’s biodiversity hotspots with at least 700 threatened

species. Biodiversity decline is associated with high population growth and endemic

poverty leading to deforestation and overfishing. A general lack of resources to support

protected area management committees and forced land use plans in key biodiversity

spots not yet classified as protected areas have added to the challenges the government

faces.

(82)

The Ban Amendment to the Basel Convention (Decision III/1) effectively banning the

export of hazardous waste from parties included in Annex VII (OECD and EU) to parties not

included in Annex VII has not been implemented in the Philippines. The amendment has not

been ratified by the Philippine senate, which estimates that it has economic impacts on local

industries depending on using secondary material classified as hazardous waste under the

convention.

282

The most recent national report of the Philippines to the CBD was submitted in 2014 for

the period 2009-2013. It assesses the country’s progress towards meeting the 2010

biodiversity target of achieving a significant reduction in the current rate of biodiversity

loss. The government has also adopted the Philippine Biodiversity Strategy and Action

Plan 2014-2025 — a requirement under the convention — with support from the Global

Environment Facility (GEF). Besides, the Philippines has introduced a clearing house

mechanism for information-sharing, as well as a national biosafety committee (EO 430).

The Philippines Council for Sustainable Development, a government body, ensures that

the commitments made by the Philippines to international agreements on sustainable

development are fulfilled. Furthermore, the Philippines has passed various legislations

and regulations towards the protection and conservation biological diversity.

The Philippines has identified a number of actions necessary to address the threats to

biodiversity, among them are direct actions (restoration of ecosystem functions,

promotion of biodiversity-friendly livelihoods; and strengthening law enforcement) and

enabling actions (communication, education and public awareness; capacity development

for biodiversity conservation; biodiversity conservation-related research; strengthening

policy for biodiversity conservation, promotion of biodiversity-friendly technology and

resource mobilisation).

Stockholm Convention on persistent Organic Pollutants

The Philippines adopted a national plan aiming to address existing gaps in national

legislation and initiated basic measures such as a national inventory of persistent organic

pollutants (POPs) with assistance from the World Bank and the Global Environment

Facility (GEF).

Most pesticides listed under Annex A of the convention were banned in the Philippines

as early as the 1980s.

The national plan aims to eliminate and destroy all PCB-containing materials, and PCB

wastes not later than 2025 as set in the convention. A chemical control order (CCO) for

PCBs issued by the Department of Environment and Natural Resources (DENR) in 2004

already banned the production, importation, sale and use of PCBs by 2014, including

PCB-contaminated equipment. The initial inventory of PCBs however identified

servicing facilities as a major depository of PCB contaminated equipment, with a

probability of contamination in the environment. The first non-combustion facility for

destroying PCBs opened in the Philippines in 2012.

DDT use (listed in Annex B) is now restricted to malaria outbreaks in the Philippines.

Little information on the use of dioxins and furans (Annex C) exists. The national Plan

intends to collect more data on these two types of chemicals and promote or require that

substitute be used.

The legislative framework in place is consistent with the provisions of the convention.

The Philippines has taken active measures to reduce or eliminate the use of POPs. Some

concerns remain over the illegal use of banned pesticides and selected exemptions

granted by government.

283

Convention on Biosafety (Cartagena)

The Philippines has a national biosafety framework as per Executive Order 514 issued on

17 March 2006. The Philippines do not regulate the trans-boundary movement, handling

and use of living modified organisms (LMOs) which are pharmaceuticals, neither transit

and contained use of LMOs. The Bureau of Plant Industry (BPI) requires a biosafety

permit for LMOs for field test and propagation.

An electronic biosafety clearing house for the Philippines was created in 2008, where all

movements of LMOs in and out of the country are recorded, both for introduction in the

environment and for consumption. The Philippines shares information and new decisions

on a regular basis. The National Biosafety Committee is the coordinating body that

ensures the Philippines’ compliance with the Protocol.

Conventions on Climate Change

With regard to the implementation of the Montreal Protocol, chlorofluorocarbons (CFCs)

11, 12, 113, 114, halon 1301 and 1211, carbon tetrachloride and methyl chloroforms

have all been banned in the Philippines, with assistance from the Multilateral Fund. In

2013, the Philippines put a cap on the importation of hydrochlorofluorocarbons (HCFC)

at the country’s average level of import of HCFC from 2009 to 2010. HCFC imports will

be gradually reduced by 10 % by 2015; 35 % by 2020 and 67.5 % by 2025, with a total

ban starting from 2040. These measures are in line with the provisions of the protocol.

The Philippines has not expressed any support for going further and curbing the use of

HFCs in addition to HCFCs.

The Philippines has adopted a list of framework documents to mainstream adaptation and

mitigation in national policies, including the National Climate Change Act of 2009 which

delegates much of the adaptation and mitigation effort to municipalities. Climate change

is also addressed by the National Disaster Risk Reduction and Management Law of 2010,

which serves as a guide to mitigate impacts of disasters and increase resilience in the face

of natural disasters. Other notable legal and policy instruments include the 2010 National

Framework Strategy on Climate Change and the 2011 National Climate Change Action

Plan. The Philippine government has installed a system for tagging its expenditure for

climate change adaptation and mitigation and is envisioned to use this system for its

annual budgeting process starting 2015.

The Philippines has submitted to the UNFCCC Secretariat its Second National

Communication in 2014. It still needs to finalise and submit its First Biennial Update

Report, which was due by the end of 2014.

On 1 October 2015 the Philippines has submitted its Intended Nationally Determined

Contribution (INDC) to the 2015 Climate Agreement, which envisages a GHG emission

reduction target of about 70 % by 2030 relative to a business-as-usual scenario of 2000-

2030, covering energy, transport, waste, forestry, and industry sectors. The contribution

is conditioned on the extent of financial resources, including technology development

and transfer, and capacity building, that will be made available to the country. The INDC

also contains an adaptation component, which includes a list of priority adaptation

measures.

284

Conclusions

There has not been any specific problem reported in relation to the implementation of the

CBD, Basel and Stockholm Conventions. In relation to the CITES convention,

Philippines has not submitted any biennial report and should ensure its submission, in

compliance with the CITES convention. In addition, in 2013 the Philippines was

identified as country of primary concern due to its role as transit place for illegal ivory

trade and should address the situation and implement the recommendations made by the

CITES Standing Committee.

Current government priorities include the Intended Nationally Determined Contributions

(INDCs), under the UNFCCC, as the country’s contribution to the future global climate

agreement. Sector-specific mitigation targets are included, with various levels of

prioritisation and ambition. The Philippines is, as a non-Annex I country, expected to

make some mitigation efforts conditional on climate finance, technology transfer, etc.

(Article 4.7 of the convention).

15.2.4.

UN Conventions on Good Governance (conventions

24-27)

Status of ratification and reporting

The Philippines ratified the three United Nations Conventions on Narcotic Drugs, on

Psychotropic Substances, and against Illicit Traffic in Narcotic Drugs and Psychotropic

Substances respectively on 2 October 1967, 7 June 1974 and 7 June 1996. It has

maintained ratification of all three conventions.

As of January 2015, the Philippines was compliant with all requests for monitoring

information from the monitoring body of the three core UN conventions on fighting

illegal drugs (International Narcotic Control Board — INCB).

The Philippines ratified the United Nations Convention against Corruption (UNCAC) in

2006. Reviewing is carried out by the UNODC Implementation Review Group, the

convention's monitoring body. The executive summary of the most recent review on the

Philippines has been available to the public since December 2013.

Status of implementation of the conventions

UN conventions fighting illegal drugs

Illegal drug use continues to be a significant problem in the Philippines due to poverty,

corruption and poor law enforcement. However, the Philippines has made significant

efforts in the past few years to combat illegal drug activities in the country. The

International Narcotics Control Board identified inter alia the following shortcomings: (i)

great risk for more widespread abuse of cocaine, (ii) growing abuse of new psychoactive

substances, (iii) high level of cannabis abuse and (iv) seizure of scheduled substances

used in the illicit manufacture of amphetamine-type stimulants.

285

The Philippines remains a transhipment point and destination country for large shipments

of methamphetamine. Known locally as ‘shabu’, methamphetamine continues to be the

primary drug consumed and trafficked within the country. Philippine authorities also

seized two new psychoactive substances (NPS) for the first time in 2014.

Supply reduction strategies led by the Philippines are directed toward enforcing the

prohibition of illegal drugs and regulating and enforcing access to legal drugs and

substances, particularly those that are of a high probability for abuse, including

pharmaceuticals and other precursors and essential chemicals. In 2014, through Board

Regulation N.1, the Philippines’ schedule of dangerous drugs was created, which

classified drugs not mentioned by the international convention as dangerous drugs in the

Philippines, because of its potential for abuse.

The Philippines classified N-methylephedrine as a dangerous drug in September 2013,

subjecting it to all regulatory and control measures under its drug control legislation.

Seizures of large quantities of ephedrine (250 kg) have also been reported. According to

the International Narcotics Control Board the Philippines is one of 31 countries to have

reported seizures of 3,4-MDP-2-P, or piperonal, during the period 2009-2013. Seizures of

potassium permanganate (cocaine) were also reported for the period 2009-2013 for the

first time by the Philippines.

Despite a Philippine government budget reduction for counter-drug activities, Philippine

law enforcement conducted numerous successful law enforcement operations that led to

large drug seizures and arrests in 2014. This success was partly thanks to intensified

interagency cooperation and partnership with non-governmental organisations. Law

enforcement strategies target all parts and levels of the supply chain from actions aimed

at preventing importation across the border to those that target the point of supply to

consumers.

The Philippine Drug Enforcement Agency (PDEA) has continued to update the list of

drugs for regulation and monitor drug abuse trends to determine the possible inclusion of

new drugs and substances. The latest PDEA annual report covering 2014 includes several

accomplishments, among which listing over 16 000 successful anti-drug operations,

eradicating over 500 marijuana plantation sites, dismantling two clandestine

methamphetamine laboratories and warehouses and seizures of over 700 kg of

methamphetamine.

The on-going EU-Philippines Justice Support Programme is supporting the efforts of the

Justice Sector Coordinating Council (JSCC) to address the inter-agency coordination

problems that have resulted in drug cases not being successfully prosecuted and

significant case delays and backlogs in the Philippine judicial system in the

implementation and enforcement of the Comprehensive Dangerous Drugs Act of 2002

(Republic Act 9165).

In line with the mandate of the Dangerous Drugs Board (DDB), various initiatives have

been taken to increase public awareness on the perils of using illegal drugs in 2014. A

number of prevention education programmes aimed at promoting self-awareness and

explaining the repercussions of drug dependency have been conducted successfully with

the cooperation of the Philippine Drug Enforcement Agency (PDEA) and the local

government of Bayambang Pangasinan in March 2015. In a national conference on the

national drug education programme, educators discussed ways to incorporate a

286

preventive drug education programme in the school curriculum and guidelines for taking

custody of children found to be violating provisions of the anti-drug law while in school.

In 2014, there was an increase of enrolment in rehabilitation centres. DDB claims that the

increase of admissions may be attributed to the parents or guardians becoming more

supportive of dependents with substance use disorders seeking treatment, as well as

improved rehabilitation programmes, greater awareness of the people on anti-drug laws

and increased local anti-drug campaigns.

UN Convention against Corruption

The executive summary of the latest review by the UNCAC Implementation Review

Group has been available since December 2013, and the full report is also available on

the UNODC website. A second round of assessments is to start in 2015/2016.

The current administration was elected on a platform of anti-graft and good governance.

The good governance policy thrust was reinforced further when the Philippines became a

founding member of the multi-country Open Government Partnership in September

2011. Preventive anti-corruption strategies include transparency, citizen participation,

institutionalising public accountability, and leveraging technology and innovation. Good

progress has been made in all of these areas. In September 2014, the president signed

Executive Order 171, which officially created the UNCAC Inter-Agency Committee

tasked with carrying out the implementation, monitoring and review of all initiatives to

achieve the of UNCAC goals, in close collaboration with the Office of the Ombudsman.

The ombudsman has published documentation detailing where the country is in full or

partial compliance with UNCAC Chapter IV, which also identifies gaps and challenges.

The ombudsman also organises periodic UNCAC state conferences.

To combat corruption the constitution established the independent Office of the

Ombudsman, the

Sandiganbayan

(an anticorruption court at the appellate level), and the

Commission on Audit. The

Sandiganbayan

and the audit commission actively

collaborated with the public and civil society and appeared to be operating effectively

and independently. However, the government faces challenges in its efforts to file

charges and obtain convictions in a number of cases, and not all are successful. The

legislative framework for fighting corruption is in place and has been strengthened under

the current administration: The Anti-Money Laundering Act — Republic Act (RA)

10365, was amended taking effect in April 2013, improving accounting and audit

standards. Initiatives in Congress regarding whistle-blowers’ protection, through ‘An Act

Providing for the Protection, Security and Benefits of Whistle-blowers, Appropriating

Funds Therefore and for Other Purposes’ could need additional support towards possible

adoption. Some further examples of legislation passed include the whistle-blowers

protection bill passed in 2012, an expansion of the coverage of the Anti-Money

Laundering Act.

In 2012, the Transparency and Accountability Network, a non-governmental

organisation, submitted a report on the Philippines to the UNCAC Implementation

Review Mechanism (

) which contains a number of recommendations for priority actions

to be addressed that go beyond the executive summary of the 2013 IRG report quoted in

(83)

https://www.unodc.org/documents/treaties/UNCAC/WorkingGroups/ImplementationReviewG

roup/18-22June2012/V1254002.pdf

287

the monitoring scorecard. The work and functioning of the anti-corruption entities could

also be strengthened. This is partly due to the many different entities involved and sub-

optimal coordination between them.

Conclusions

Philippines drug law enforcement officials continued to make progress in promoting

interagency coordination in 2014, as well as cooperation with international enforcement

partners. This increased cooperation led to numerous successful operations which

highlighted the high volume of methamphetamine being smuggled into the Philippines for

local consumption, as well as onward shipment to other regional destinations.

Meanwhile, the Philippines recognised that further progress is needed to intensify its

anti-drug courier campaign.

Governance issues are for good reasons the centre of attention of the current government

that — despite enormous challenges — is making progress on tackling the issues.

Challenges identified by the UNCAC review include legislative measures on trading in

influence, bribery, and definition of public officials, among others, as well as

coordination between different organisations working against corruption.

15.3. Trade and Economy

15.3.1.

Trade Picture

The Philippine economy has more than doubled its size in the last decade and

consolidated itself as one of the fastest growing economies in Southeast Asia (6.1 %

GDP growth in 2014). With a GDP of EUR 260 billion in 2014, the Philippines ranked

fifth-largest economy in the region. While this impressive economic performance is to

some extent the result of a catching-up effect with the bigger Asian economies, it has

also been favoured by a progressive transformation of the Philippine economy. The

current government has aimed to capitalise on the strength of growth to introduce long-

needed structural reforms and has reached out to a number of its trading partners with the

objective of supporting the opening up of the economy through the negotiation of trade

agreements. The Philippines is a member of the Association of Southeast Asian Nations

and thus a party to the ASEAN Free Trade Area and to the five regional FTAs that

ASEAN has concluded with six countries (China, South Korea, Japan, India, Australia

and New Zealand), and has also one purely bilateral FTA with Japan.

Trade in goods between the EU and the Philippines amounted to EUR 12.5 billion in

2014, making the Philippines EU’s 44th trading partner worldwide and sixth in ASEAN.

In 2014, EU exports to the Philippines were worth EUR 6.8 billion, while Philippine

exports to the EU reached EUR 5.7 billion. Philippine exports are greatly benefitting

from the enhanced access to EU market under GSP+, particularly products like coconut

oil, preserved tuna, bicycles, pineapple products, fruit jams, and some garments and

footwear. However, Philippine main exports to the EU are office and telecommunication

equipment (44.9 %), machinery (15.1 %) and optical and photographic instruments

(11.1 %) that largely enter the European market duty-free. In 2015, the percentage of

Philippine exports entering the EU duty-free will likely reach 85-90 %.

288

15.3.2.

GSP+ Statistics

Figures 11.1-11.3 below describe the Philippines’ utilisation of the GSP+, in the context

of its overall imports to the EU. The Philippines was granted GSP+ beneficiary status on

25 December 2014 — prior to this, it was a beneficiary of the GSP (’Standard GSP’).

Therefore, the figures below reflect the Standard GSP for 2012, 2013, and 2014, and the

GSP+ for 2015.

Source for all statistics: Eurostat data, as of September 2015.

Figure 15.1

Philippines - Imports to the EU, 2012-2015

Figures in thousand EUR

Total imports to EU

GSP/GSP+ eligible imports

GSP/GSP+ preferential imports

GSP/GSP+ utilisation rate

2012

5,129,992

1,632,189

1,101,169

67.47%

2013

5,049,032

1,693,964

1,082,372

63.90%

2014

2015 (Q1-2)

5,717,378

3,257,385

1,723,295

1,084,683

1,149,929

681,001

66.73%

62.78%

Trend 2012-

2014

11.45%

5.58%

4.43%

-1.09%

Figure 15.2

289

Figure 15.3

290

16. Annex

16.1. Armenia – Treaty Ratification and Reporting

Convention

Status of ratification /

reservations

Accession: 23.06.1993

No reservations

Accession: 23.06.1993

No reservations

Lack of compliance with country reporting

obligations

Latest country report due on 23.07.2014.

Latest monitoring body report issued on 04.04.2011.

3. International Covenant on

Civil and Political Rights

Accession: 23.06.1993

No reservations

Compliant with country reporting obligations

Latest country report submitted on 28.05.2010.

Latest monitoring body report issued on 31.08.2012.

4. International Covenant on

Economic, Social and

Cultural Rights

Accession: 13.09.1993

No reservations

Compliant with country reporting obligations

Latest country report submitted on 18.07.2011

Latest monitoring body report issued on 15.07.2014

5. Convention on the

Elimination of All Forms of

Discrimination against

Women

6. Convention against

Torture and other Cruel,

Inhuman or Degrading

Treatment or Punishment

7. Convention on the Rights

of the Child

Accession: 13.09.1993

No reservations

Compliant with country reporting obligations

Latest country report submitted on 11.03.2015

Latest monitoring body report issued on 05.02.2009

Accession: 13.09.1993

No reservations

Compliant with country reporting obligations

Latest country report submitted on 24.06.2015

Latest monitoring body report issued on 06.07.2012

Accession: 23.06.1993

No reservations

Compliant with country reporting obligations

Latest country report submitted on 04.02.2010

Latest monitoring body report issued on 08.07.2013

8. Convention concerning

Forced or Compulsory

Labour, No. 29

Ratification: 2004

Compliant with country reporting obligations

All national country reports submitted

Latest CEACR comments: Direct Request 2013

9. Convention concerning

Freedom of Association and

Protection of the Right to

Organise, No. 87

10. Convention concerning

the Application of the

Principles of the Right to

Organise and to Bargain

Compliance with reporting obligations to monitoring

bodies

No country reporting obligations

1. Convention on the

Prevention and Punishment

of the Crime of Genocide

2. International Convention

on the Elimination of All

Forms of Racial

Discrimination

Ratification: 2006

Compliant with country reporting obligations

All national country reports submitted

Latest CEACR comments: Direct Request 2014

Ratification: 2003

Compliant with country reporting obligations

All national country reports submitted

Reservations do not apply in the ILO system, so there is no relevance to providing information

on reservations under each of these conventions.

291

Collectively, No. 98

11. Convention concerning

Equal Remuneration of Men

and Women Workers for

Work of Equal Value, No.

100

12. Convention concerning

the Abolition of Forced

Labour, No. 105

Ratification: 1994

Latest CEACR comments: Observation 2014

Compliant with country reporting obligations

All national country reports submitted

Latest CEACR comments: Observation 2013; Direct

Request 2013

Ratification: 2004

Compliant with country reporting obligations

All national country reports submitted

Latest CEACR comments: Direct Request 2013

13. Convention concerning

Discrimination in Respect of

Employment and

Occupation, No. 111

14. Convention concerning

Minimum Age for

Admission to Employment,

No. 138

15. Convention concerning

Minimum Age for

Admission to Employment,

No. 182

16. CITES

Ratification: 1994

Compliant with country reporting obligations

All national country reports submitted

Latest CEACR comments: Direct Request 2013

Ratification: 2006

Compliant with country reporting obligations

All national country reports submitted

Latest CEACR comments: Direct Request 2011

Ratification: 2006

Compliant with country reporting obligations

All national country reports submitted

Latest CEACR comments: Direct Request 2011

Accession: 10.04.2008

No reservations

Lack of compliance with country reporting

obligations

Last country report (Annual Report) submitted on

01.10.2013.

Country reports (Annual Reports) for 2012 and 2013

due. Biennial Report for 2011-12 also due.

17. Montreal Protocol

Accession: 01.10.1999

No reservations

Compliant with country reporting obligations

All country reports submitted.

Most recently, annual data for 2014 was submitted on

07.04.2015.

18. Basel Convention

Accession: 01.10.1999

No reservations

Lack of compliance with country reporting

obligations

Last country report submitted on 13.02.2013 (2011

National Report).

According to the Armenian authorities, the National

Reports overdue from 2012 and 2013 were submitted in,

respectively, December 2013 and February 2015.This

information, however, has not yet been confirmed by the

convention's Secretariat.

19. Convention on

Biological Diversity

Accession: 14.05.1993

No reservations

Compliant with country reporting obligations

All country reports submitted.

Latest country report submitted on 04.09.2014 (Fifth

National Report).

20. UN Framework

Convention on Climate

Change

Accession: 14.05.1993

No reservations

Compliant with country reporting obligations

First National Communication submitted on 04.11.1998.

Second National Communication submitted on

07.09.2010.

Lack of compliance with country reporting

obligations

21. Cartagena Protocol on

Accession: 30.04.2004

292

Biosafety

No reservations

Last country report submitted on 09.12.2011 (Second

National Report).

Third National Report due on 01.11.2015.

22. Stockholm Convention

Accession: 26.11.2003

No reservations

Compliant with country reporting obligations

All national country reports submitted.

Latest country report submitted on 11.09.2014 (Third

Round National Report).

23. Kyoto Protocol

Accession: 25.04.2003

No reservations

No country reporting obligations

24. UN Single Convention

on Narcotic Drugs

25. UN Convention on

Psychotropic Substances

26. UN Convention against

Illicit Traffic in Narcotic

Drugs and Psychotropic

Substances

27. UN Convention against

Corruption

Accession: 13.09.1993

No reservations

Accession: 13.09.1993

No reservations

Accession: 13.09.1993

No reservations

All country reports submitted

Monitoring body reviewing is fulfilled by UN Office on

Drugs and Crime (UNODC).

Accession: 08.03.2007

No reservations

All country reports submitted

Monitoring body reviewing is fulfilled by UN Office on

Drugs and Crime (UNODC). The executive summary

from the most recent review has been available to the

public since 06.03.2015.

293

16.2. Bolivia – Treaty Ratification and Reporting

Convention

Status of ratification /

reservations

Ratification: 14.06.2005

No reservations

Ratified: 22.09.1970

No reservations

Last country report submitted on 20.01.2010.

Latest country report was due on 21.10.2013.

Latest monitoring body report issued on 08.05.2011.

3. International Covenant on

Civil and Political Rights

Accession: 12.08.1982

No reservations

Compliant with country reporting obligations

Last country report submitted on 16.08.2011.

Next country report due on 01.11.2018.

Latest monitoring body report issued on 05.12.2013.

4. International Covenant on

Economic, Social and

Cultural Rights

Accession: 12.08.1982

No reservations

Last country report submitted on 30.01.2007.

Latest country report was due on 30.06.2010.

Latest monitoring body report issued on 08.08.2008.

5. Convention on the

Elimination of All Forms of

Discrimination against

Women

6. Convention against

Torture and other Cruel,

Inhuman or Degrading

Treatment or Punishment

Ratification: 08.06.1990

No reservations

Compliant with country reporting obligations

Last country report submitted on 19.11.2013.

Latest monitoring body report issued on 28.07.2015.

Ratification: 12.05.1999

No reservations

Compliant with country reporting obligations

Last country report submitted on 18.10.2011.

Next country report due 31.05.2017.

Latest monitoring body report issued on 14.06.2013.

7. Convention on the Rights

of the Child

Ratification: 12.06.1990

No reservations

Last country report submitted on 20.02.2008.

Latest country report was due on 01.09.2015.

Latest monitoring body report issued on 16.10.2009.

8. Convention concerning

Forced or Compulsory

Ratification: 2005

Compliant with country reporting obligations

Lack of compliance with country reporting

obligations

Lack of compliance with country reporting

obligations

Lack of compliance with country reporting

obligations

Compliance with reporting obligations to

monitoring bodies

No country reporting obligations

1. Convention on the

Prevention and Punishment

of the Crime of Genocide

2. International Convention

on the Elimination of All

Forms of Racial

Discrimination

Reservations do not apply in the ILO system, so there is no relevance to providing information

on reservations under each of these conventions.

294

Labour, No. 29

All country reports submitted.

Latest CEACR comments: Direct Request 2015

9. Convention concerning

Freedom of Association and

Protection of the Right to

Organise, No. 87

10. Convention concerning

the Application of the

Principles of the Right to

Organise and to Bargain

Collectively, No. 98

11. Convention concerning

Equal Remuneration of Men

and Women Workers for

Work of Equal Value, No.

100

12. Convention concerning

the Abolition of Forced

Labour, No. 105

Ratification: 1965

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Observation 2014

Ratification: 1973

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Observation 2014; Direct

Request 2014

Ratification: 1973

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Observation 2013; Direct

Request 2013

Ratification: 1990

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Observation 2015; Direct

Request 2015

13. Convention concerning

Discrimination in Respect of

Employment and

Occupation, No. 111

Ratification: 1977

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Observation 2013; Direct

Request 2013

14. Convention concerning

Minimum Age for

Admission to Employment,

No. 138

Ratification: 11.06.1997

Minimum age specified: 14

years

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Observation 2015; Direct

Request 2015. CAS Country Case at ILC 2015.

15. Convention concerning

Minimum Age for

Admission to Employment,

No. 182

Ratification: 06.06.2003

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Observation 2015; Direct

Request 2015.

16. CITES

Ratification: 06.07.1979

Lack of compliance with country reporting

obligations

Last country report submitted on 30.04.2013 (2011

Annual Report).

Country reports (Annual Reports) for 2012, 2013, and

2014 are due. Biennial Reports for 2003-04, 2005-06,

2007-08, 2011-12, and 2013-14 also due.

17. Montreal Protocol

Accession: 03.10.1994

Compliant with country reporting obligations

All country reports submitted.

Most recently, annual data for 2014 was submitted on

13.10.2015.

295

18. Basel Convention

Ratification: 15.11.1996

No reservations

Lack of compliance with country reporting

obligations

National Report for 2013 due.

19. Convention on

Biological Diversity

Ratification: 03.10.1994

Compliant with country reporting obligations

Latest country report submitted on 27.03.2015 (Fifth

National Report).

20. UN Framework

Convention on Climate

Change

Ratification: 03.10.1994

No reservations

Compliant with country reporting obligations

First National Communication submitted on

16.11.2000.

Second National Communication submitted on

02.12.2009.

Lack of compliance with country reporting

obligations

Latest country report submitted on 30.09.2011

(Second National Report).

Interim National Report (2005) and First National

Report (2007) due. Third National Report due on

01.11.2015.

21. Cartagena Protocol on

Biosafety

Ratification: 22.05.2002

No reservations

22. Stockholm Convention

Ratification: 03.06.2003

No reservations

Lack of compliance with country reporting

obligations

No country reports submitted.

National country reports are due for 31.12.2006 (First

Round National Reporting, extended to 31.07.2007),

31.10.2010 (Second Round, extended to 31.07.2011),

and 31.08.2014 (Third Round).

23. Kyoto Protocol

Ratification: 30.11.1999

No reservations

No country reporting obligations

24. UN Single Convention

on Narcotic Drugs

25. UN Convention on

Psychotropic Substances

26. UN Convention against

Illicit Traffic in Narcotic

Drugs and Psychotropic

Substances

27. UN Convention against

Corruption

Accession: 11.01.2013

No reservations

Accession: 20.03.1985

No reservations

Ratification: 20.08.1990

Reservation on coca leaf.

All country reports submitted

Monitoring body reviewing is fulfilled by UN Office

on Drugs and Crime (UNODC).

Ratification: 05.12.2005

No reservations

All country reports submitted

Monitoring body reviewing is fulfilled by UN Office

on Drugs and Crime (UNODC). UNODC review

covering period 2010-15 was performed July 2014.

The executive summary has been available to the

public since 08.12.2014.

Reservation made on paragraphs which could be interpreted as establishing as a criminal

offence the use, consumption, possession, purchase, or cultivation of the coca leaf for

personal consumption.

296

16.3. Cabo Verde – Treaty Ratification and

Reporting

Convention

Status of ratification /

reservations

Ongoing

Compliance with reporting obligations to

monitoring bodies

No country reporting obligations

1. Convention on the

Prevention and Punishment

of the Crime of Genocide

2. International Convention

on the Elimination of All

Forms of Racial

Discrimination

Ratified: 03.10.1979

No reservations

Lack of compliance with country reporting

obligations

Last country report submitted on 02.11.2006.

Four country reports due.

Latest monitoring body report issued on 23.10.2003.

3. International Covenant on

Civil and Political Rights

Ratified: 06.08.1993

No reservations

Lack of compliance with country reporting

obligations

Initial country report not submitted.

Latest monitoring body report issued on 23.04.2012.

4. International Covenant on

Economic, Social and

Cultural Rights

Ratified: 06.08.1993

No reservations

Lack of compliance with country reporting

obligations

No country reports submitted.

5. Convention on the

Elimination of All Forms of

Discrimination against

Women

Ratified: 05.12.1980

No reservations

Compliant with country reporting obligations

All country reports submitted.

Latest report submitted on 07.11.2010.

Latest monitoring body report issued on 13.05.2013.

6. Convention against

Torture and other Cruel,

Inhuman or Degrading

Treatment or Punishment

7. Convention on the Rights

of the Child

Ratified: 04.06.1992

No reservations

Lack of compliance with country reporting

obligations

No country reports submitted.

Ratified: 04.06.1992

No reservations

Lack of compliance with country reporting

obligations

Four country reports due.

Latest monitoring body report issued on 07.11.2001.

8. Convention concerning

Forced or Compulsory

Labour, No. 29

Ratification: 1979

Compliant with country reporting obligations

Latest country report submitted out of sequence: report

due in 2014 submitted in 2015.

Latest CEACR (ILO Committee of Experts on the

Application of Contentions and Recommendations)

comments: Direct Request 2015

Reservations do not apply in the ILO system, so there is no relevance to providing information

on reservations under each of these conventions.

297

9. Convention concerning

Freedom of Association and

Protection of the Right to

Organise, No. 87

10. Convention concerning

the Application of the

Principles of the Right to

Organise and to Bargain

Collectively, No. 98

11. Convention concerning

Equal Remuneration of Men

and Women Workers for

Work of Equal Value, No.

100

12. Convention concerning

the Abolition of Forced

Labour, No. 105

Ratification: 1999

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Direct Request 2014

Ratification: 1979

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Direct Request 2014

Ratification: 1979

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Observation 2013; Direct

Request 2013

Ratification: 1979

Compliant with country reporting obligations

Latest country report submitted out of sequence: report

due in 2014 submitted in 2015.

Latest CEACR comments: Direct Request 1992

13. Convention concerning

Discrimination in Respect of

Employment and

Occupation, No. 111

14. Convention concerning

Minimum Age for

Admission to Employment,

No. 138

Ratification: 1979

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Direct Request 2013

Ratification: 2011

Minimum age specified: 15

years

Compliant with country reporting obligations

Latest country report submitted out of sequence: report

due in 2014 submitted in 2015.

Latest CEACR comments: Direct Request 2015.

15. Convention concerning

Minimum Age for

Admission to Employment,

No. 182

Ratification: 2001

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Observation 2015; Direct

Request 2015.

16. CITES

Accession: 10.08.2005

Lack of compliance with country reporting

obligations

Last country report submitted on 15.06.2011 (2010

Annual Report).

Country reports (Annual Reports) due for 2011, 2012,

2013, 2014. Biennial Reports also due for 2003-04,

2005-06, 2007-08, 2009-10, 2011-12, and 2013-14.

17. Montreal Protocol

Accession: 31.07.2001

No reservations

Compliant with country reporting obligations

All country reports submitted.

Most recently, annual data for 2014 was submitted on

24.03.2015.

18. Basel Convention

Accession: 02.07.1999

No reservations

Compliant with country reporting obligations

Last country report submitted on 26.11.2014 (2013

National Report).

Lack of compliance with country reporting

19. Convention on

Ratification: 29.03.1995

298

Biological Diversity

No reservations

obligations

Last country report submitted on 30.11.2009 (Fourth

National Report).

Fifth National Report due (2014).

20. UN Framework

Convention on Climate

Change

Ratification: 29.03.1995

No reservations

Compliant with country reporting obligations

First National Communication submitted on

13.11.2000.

Second National Communication submitted on

21.10.2011.

Lack of compliance with country reporting

obligations

Latest country report submitted on 28.09.2011 (Second

National Report).

Interim National Report (2005) and First National

Report (2007) due. Third National Report due on

01.11.2015.

21. Cartagena Protocol on

Biosafety

Ratification: 01.11.2005

No reservations

22. Stockholm Convention

Accession: 01.03.2006

No reservations

Lack of compliance with country reporting

obligations

No country reports submitted.

First Round (2006), Second Round (2010), and Third

Round (2014) National Reports due.

23. Kyoto Protocol

Accession: 10.02.2006

No reservations

No country reporting obligations

24. UN Single Convention

on Narcotic Drugs

25. UN Convention on

Psychotropic Substances

26. UN Convention against

Illicit Traffic in Narcotic

Drugs and Psychotropic

Substances

27. UN Convention against

Corruption

Accession: 24.05.1990

No reservations

Accession: 24.05.1990

No reservations

Accession: 08.05.1993

No reservations

All country reports submitted

Monitoring body reviewing is fulfilled by UN Office

on Drugs and Crime (UNODC).

Ratification: 23.04.2008

No reservations

All country reports submitted

Monitoring body reviewing is fulfilled by UN Office

on Drugs and Crime (UNODC). Cabo Verde was

reviewed in 2011-2012, but report and summary are

not publicly available.

299

16.4. Costa Rica – Treaty Ratification and

Reporting

Convention

Status of ratification /

reservations

Ratified: 1950

No reservations

Ratified: 1967

Made a Declaration on

08.01.1974 on the

competence of the

Committee on the

Elimination of Racial

Discrimination.

Ratified: 1968

No reservations

Compliant with country reporting obligations

All country reports submitted.

Latest country report submitted 17.01.2014.

Latest monitoring body report issued on 25.09.2015.

Compliance with reporting obligations to

monitoring bodies

No country reporting obligations

1. Convention on the

Prevention and Punishment

of the Crime of Genocide

2. International Convention

on the Elimination of All

Forms of Racial

Discrimination

3. International Covenant on

Civil and Political Rights

Compliant with country reporting obligations

All country reports submitted.

Latest country report submitted 05.05.2014.

Latest monitoring body report issued on 16.11.2007.

4. International Covenant on

Economic, Social and

Cultural Rights

Ratified: 1968

No reservations

Compliant with country reporting obligations

All country reports submitted.

Latest country report submitted 24.10.2014.

Latest monitoring body report issued on 04.01.2008.

5. Convention on the

Elimination of All Forms of

Discrimination against

Women

Ratified: 1986

No reservations

Compliant with country reporting obligations

All country reports submitted.

Latest country report submitted 22.09.2015.

Latest monitoring body report issued on 29.07.2011.

6. Convention against

Torture and other Cruel,

Inhuman or Degrading

Treatment or Punishment

Ratified: 1993

Made a Declaration on

17.02.2002 on the

Convention and its

Committee.

Lack of compliance with country reporting

obligations

Last country report submitted 30.05.2006.

Country report due in 2012 not yet submitted, but

extended to 01.08.2016.

Latest monitoring body report issued on 07.07.2008.

7. Convention on the Rights

of the Child

Ratified: 1990

No reservations

Compliant with country reporting obligations

All country reports submitted.

Latest country report submitted 27.04.2009.

Reservations do not apply in the ILO system, so there is no relevance to providing information

on reservations under each of these conventions.

300

Next country report due 19.03.2016.

Latest monitoring body report issued on 03.08.2011.

8. Convention concerning

Forced or Compulsory

Labour, No. 29

Ratification: 1960

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Direct Request 2015.

9. Convention concerning

Freedom of Association and

Protection of the Right to

Organise, No. 87

10. Convention concerning

the Application of the

Principles of the Right to

Organise and to Bargain

Collectively, No. 98

11. Convention concerning

Equal Remuneration of Men

and Women Workers for

Work of Equal Value, No.

100

12. Convention concerning

the Abolition of Forced

Labour, No. 105

Ratification: 1960

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Observation 2014.

Ratification: 1960

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Observation 2014

Ratification: 1960

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Observation 2014; Direct

Request 2014

Ratification: 1959

Compliant with country reporting obligations

Latest country report submitted out of sequence: report

due in 2014 submitted in 2015.

Latest CEACR comments: Direct Request 1999

13. Convention concerning

Discrimination in Respect of

Employment and

Occupation, No. 111

14. Convention concerning

Minimum Age for

Admission to Employment,

No. 138

Ratification: 1962

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Direct Request 2013

Ratification: 1976

Minimum age specified: 15

years

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Observation 2015; Direct

Request 2015

15. Convention concerning

Minimum Age for

Admission to Employment,

No. 182

Ratification: 2001

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Observation 2015; Direct

Request 2015

16. CITES

Ratification: 30.06.1975

No reservations

Costa Rica did not agree on

the Bonn Amendment

(introducing financial

changes).

17. Montreal Protocol

Accession: 30.07.1991

No reservations

Last country report submitted on 31.10.2014 (2013

Annual Report).

Country report (Annual Reports) for 2014 due.

Biennial Report for 2013-2014 also due.

Compliant with country reporting obligations

All country reports submitted.

Most recently, annual data for 2014 was submitted on

Lack of compliance with country reporting

obligations

301

17.09.2015.

18. Basel Convention

Ratification: 07.03.1995

No reservations

Compliant with country reporting obligations

All country reports submitted.

Latest country report submitted on 16.12.2014 (2013

National Report).

19. Convention on

Biological Diversity

Ratification: 26.08.1994

No reservations

Compliant with country reporting obligations

All country reports submitted.

Latest country report submitted on 01.05.2015 (Fifth

National Report).

20. UN Framework

Convention on Climate

Change

Ratification: 1999

No reservations

Compliant with country reporting obligations

First National Communication submitted on

18.11.2000.

Second National Communication submitted on

07.10.2009.

Third National Communication submitted on

11.12.2014.

Lack of compliance with country reporting

obligations

Latest country report submitted on 11.09.2007 (First

National Report).

Interim National Report (2005) and Second Report

(2011) due. Third National Report due on 01.11.2015.

22. Stockholm Convention

Ratification: 06.02.2007

No reservations

Compliant with country reporting obligations

All country reports submitted.

Last country report submitted on 10.12.2014 (Third

Round National Report).

23. Kyoto Protocol

Ratification: 09.08.2002

No reservations

24. UN Single Convention

on Narcotic Drugs

25. UN Convention on

Psychotropic Substances

26. UN Convention against

Illicit Traffic in Narcotic

Drugs and Psychotropic

Substances

27. UN Convention against

Corruption

Participation: 07.05.1970

No reservations

Ratification: 16.02.1977

No reservations

Accession: 08.02.1991

No reservations

All country reports submitted

Monitoring body reviewing is fulfilled by UN Office

on Drugs and Crime (UNODC).

No country reporting obligations

21. Cartagena Protocol on

Biosafety

Ratification: 06.02.2007

No reservations

Ratification: 21.03.2007

No reservations

All country reports submitted

Monitoring body reviewing is fulfilled by UN Office

on Drugs and Crime (UNODC). For Costa Rica's

2013-2014 cycle, no summary information is publicly

available yet.

302

16.5. Ecuador – Treaty Ratification and Reporting

Convention

Status of ratification /

reservations

Ratified: 1950

No reservations

Ratified

No reservations

Compliant with country reporting obligations

All country reports submitted.

Last country report submitted 16.02.2012.

Next country report due 30.11.2017.

Latest monitoring body report issued on 22.10.2012.

3. International Covenant on

Civil and Political Rights

Ratified

No reservations

Compliant with country reporting obligations

All country reports submitted.

Last country report submitted 07.08.2015.

Latest monitoring body report issued on 04.11.2009.

4. International Covenant on

Economic, Social and

Cultural Rights

Ratified

No reservations

Compliant with country reporting obligations

All country reports submitted.

Last country report submitted 08.09.2009.

Next country report due 30.11.2017.

Latest monitoring body report issued on 13.12.2012.

5. Convention on the

Elimination of All Forms of

Discrimination against

Women

Ratified

No reservations

Compliant with country reporting obligations

All country reports submitted.

Last country report submitted 11.12.2012.

Latest monitoring body report issued on 10.03.2015.

6. Convention against

Torture and other Cruel,

Inhuman or Degrading

Treatment or Punishment

7. Convention on the Rights

of the Child

Ratified

No reservations

Compliant with country reporting obligations

Last country report submitted 07.08.2015.

Latest monitoring body report issued on 20.01.2011.

Ratified

No reservations

Compliant with country reporting obligations

All country reports submitted.

Last country report submitted 20.03.2008.

Next country report due 07.03.2016.

Latest monitoring body report issued on 02.03.2010.

Compliance with reporting obligations to

monitoring bodies

No country reporting obligations

1. Convention on the

Prevention and Punishment

of the Crime of Genocide

2. International Convention

on the Elimination of All

Forms of Racial

Discrimination

Reservations do not apply in the ILO system, so there is no relevance to providing information

on reservations under each of these conventions.

303

8. Convention concerning

Forced or Compulsory

Labour, No. 29

Ratification: 1954

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Direct Request 2015

9. Convention concerning

Freedom of Association and

Protection of the Right to

Organise, No. 87

Ratification: 1967

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Observation 2015; Direct

Request 2015

10. Convention concerning

the Application of the

Principles of the Right to

Organise and to Bargain

Collectively, No. 98

11. Convention concerning

Equal Remuneration of Men

and Women Workers for

Work of Equal Value, No.

100

12. Convention concerning

the Abolition of Forced

Labour, No. 105

13. Convention concerning

Discrimination in Respect of

Employment and

Occupation, No. 111

Ratification: 1959

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Observation 2015. Country

Case at ILC 2014.

Ratification: 1957

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Observation 2014

Ratification: 1962

Compliant with country reporting obligations

Latest CEACR comments: Direct Request 2015

Ratification: 1962

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Observation 2014; Direct

Request 2014

14. Convention concerning

Minimum Age for

Admission to Employment,

No. 138

15. Convention concerning

Minimum Age for

Admission to Employment,

No. 182

Ratification: 2000

Minimum age specified: 15

years

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Direct Request 2015

Ratification: 2000

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Observation 2015; Direct

Request 2015

16. CITES

Ratification: 11.02.1975

No reservations

Lack of compliance with country reporting

obligations

Last country report submitted 26.05.2015 (2014

Annual Report).

Country reports (Biennial Reports) for 2009-10, 2011-

12, 2013-14 due.

17. Montreal Protocol

Accession: 30.04.1990

No reservations

Compliant with country reporting obligations

All country reports submitted.

Most recently, annual data for 2014 was submitted on

28.04.2015.

18. Basel Convention

Ratification: 23.02.1993

No reservations

Lack of compliance with country reporting

obligations

National country reports for 2010, 2011, 2012 and

304

2013 are due.

19. Convention on

Biological Diversity

Ratification: 23.02.1993

No reservations

Compliant with country reporting obligations

All country reports submitted.

Latest country report submitted on 31.03.2014 (Fifth

National Report).

20. UN Framework

Convention on Climate

Change

Ratification: 23.02.1993

No reservations

Compliant with country reporting obligations

First National Communication submitted on

15.11.2000.

Second National Communication submitted on

02.05.2012.

Lack of compliance with country reporting

obligations

Last country report submitted on 13.11.2015 (Third

National Report).

Interim National Report (2005) due.

22. Stockholm Convention

Ratification: 07.06.2004

No reservations

Last report submitted on 01.09.2014 (Third Round

National Report).

First Round National Report due (2006).

23. Kyoto Protocol

Ratification: 13.01.2000

No reservations

24. UN Single Convention

on Narcotic Drugs

25. UN Convention on

Psychotropic Substances

26. UN Convention against

Illicit Traffic in Narcotic

Drugs and Psychotropic

Substances

27. UN Convention against

Corruption

Accession: 14.01.1964

No reservations

Accession: 07.09.1973

No reservations

Ratification: 23.03.1990

No reservations

All country reports submitted

Monitoring body reviewing is fulfilled by UN Office

on Drugs and Crime (UNODC).

No country reporting obligations

Lack of compliance with country reporting

obligations

21. Cartagena Protocol on

Biosafety

Ratification: 30.01.2003

No reservations

Ratification: 15.09.2005

No reservations

All country reports submitted

Monitoring body reviewing is fulfilled by UN Office

on Drugs and Crime (UNODC). For the most recent

review, no information is publicly available yet.

305

16.6. El Salvador – Treaty Ratification and

Reporting

Convention

Status of ratification /

reservations

Ratified: 1950

No reservations

Ratified

No reservations

Compliant with country reporting obligations

All country reports submitted.

Last country report submitted 25.09.2014.

Next country report due 20.12.2017.

Latest monitoring body report issued on 24.09.2014.

3. International Covenant on

Civil and Political Rights

Ratified: 30.11.1979

Reservation regarding the

competence of the Human

Rights Committee

Lack of compliance with country reporting

obligations

Latest country report due by 01.07.2014.

Last country report submitted 13.01.2009.

Latest monitoring body report issued on 18.11.2010.

4. International Covenant on

Economic, Social and

Cultural Rights

Ratified: 30.11.1979

No reservations

Compliant with country reporting obligations

All country reports submitted.

Last country report submitted 19.06.2014.

Next country report due 30.05.2019.

Latest monitoring body report issued on 18.06.2014.

5. Convention on the

Elimination of All Forms of

Discrimination against

Women

Ratified: 19.08.1981

Reservation regarding the

application of Article 29,

paragraph 1

Compliant with country reporting obligations

All country reports submitted.

Last country report submitted 11.05.2015.

Latest monitoring body report issued on 07.11.2008.

6. Convention against

Torture and other Cruel,

Inhuman or Degrading

Treatment or Punishment

Ratified: 17.06.1996

No reservations

Latest country report due by 20.11.2013.

Last country report submitted 2.07.2007.

Latest monitoring body report issued on 09.12.2009.

7. Convention on the Rights

Ratified: 17.06.1996

Compliant with country reporting obligations

Lack of compliance with country reporting

obligations

Compliance with reporting obligations to

monitoring bodies

No country reporting obligations

1. Convention on the

Prevention and Punishment

of the Crime of Genocide

2. International Convention

on the Elimination of All

Forms of Racial

Discrimination

Reservations do not apply in the ILO system, so there is no relevance to providing information

on reservations under each of these conventions.

306

of the Child

No reservations

All country reports submitted.

Last country report submitted 21.02.2008.

Next country report due 03.06.2016.

Latest monitoring body report issued on 17.02.2010.

8. Convention concerning

Forced or Compulsory

Labour, No. 29

Ratification: 1995

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Direct Request 2015.

9. Convention concerning

Freedom of Association and

Protection of the Right to

Organise, No. 87

Ratification: 2006

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Observation 2015; Direct

Request 2015. Country Case at ILC 2015.All country

reports submitted.

10. Convention concerning

the Application of the

Principles of the Right to

Organise and to Bargain

Collectively, No. 98

11. Convention concerning

Equal Remuneration of Men

and Women Workers for

Work of Equal Value, No.

100

12. Convention concerning

the Abolition of Forced

Labour, No. 105

13. Convention concerning

Discrimination in Respect of

Employment and

Occupation, No. 111

Ratification: 2006

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Observation 2015.

Ratification: 2000

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Direct Request 2013

Ratification: 1958

Compliant with country reporting obligations

All country reports submitted.

Ratification: 1995

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Observation 2013; Direct

Request 2013

14. Convention concerning

Minimum Age for

Admission to Employment,

No. 138

15. Convention concerning

Minimum Age for

Admission to Employment,

No. 182

Ratification: 1996

Minimum age specified: 14

years

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Direct Request 2015

Ratification: 2000

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Observation 2015; Direct

Request 2015

16. CITES

Accession: 30.04.1987

No reservations

Lack of compliance with country reporting

obligations

Last country report submitted on 30.10.2015 (2014

Annual Report).

Country report (Annual Report) for 2013 due. Biennial

Report for 2005-06, 2007-08, 2009-10, 2011-12 and

2013-14 also due.

17. Montreal Protocol

Accession: 02.10.1992

Compliant with country reporting obligations

307

No reservations

All country reports submitted.

Most recently, annual data for 2014 was submitted on

01.05.2015.

18. Basel Convention

Ratification: 13.12.1991

No reservations

Lack of compliance with country reporting

obligations

National Country reports for 2010, 2011, 2012 and

2013 due.

19. Convention on

Biological Diversity

Ratification: 08.09.1994

No reservations

Compliant with country reporting obligations

All country reports submitted.

Latest country report submitted on 19.09.2014 (Fifth

National Report).

20. UN Framework

Convention on Climate

Change

Ratification: 04.12.1995

No reservations

Compliant with country reporting obligations

All country reports submitted.

First National Communication submitted on

10.05.2000.

Second National Communication submitted on

11.09.2013.

21. Cartagena Protocol on

Biosafety

Ratification: 26.09.2003

No reservations

Lack of compliance with country reporting

obligations

Last country report submitted 12.12.2011 (Second

National Report).

Interim National Report (2005) and First National

Report (2007) due. Third National Report due on

01.11.2015.

22. Stockholm Convention

Ratification: 27.05.2008

No reservations

Compliant with country reporting obligations

All country reports submitted.

Last country report submitted on 01.09.2014 (Third

Round National Report).

23. Kyoto Protocol

Ratification: 30.11.1998

No reservations

No country reporting obligations

24. UN Single Convention

on Narcotic Drugs

25. UN Convention on

Psychotropic Substances

26. UN Convention against

Illicit Traffic in Narcotic

Drugs and Psychotropic

Substances

27. UN Convention against

Corruption

Ratification: 26.02.1998

No reservations

Accession: 11.06.1998

No reservations

Accession: 21.05.1993

No reservations

All country reports submitted

Monitoring body reviewing is fulfilled by UN Office

on Drugs and Crime (UNODC).

Ratification: 01.07.2004

No reservations

All country reports submitted

Monitoring body reviewing is fulfilled by UN Office

on Drugs and Crime (UNODC). The executive

summary of the most recent review has been available

to the public since 18.11.2013.

308

16.7. Georgia – Treaty Ratification and Reporting

Convention

Status of ratification /

reservations

Accession: 11.10.1993

No reservations

Accession: 02.07.1999

No reservations

Compliant with country reporting obligations

Latest country report submitted on 03.07.2014.

Latest monitoring body report issued on 20.09.2011.

Accession: 25.01.1994

No reservations

Compliant with country reporting obligations

Last country report was submitted on 26.06.2012.

Next country report will be due by 31.07.2019.

Latest monitoring body report issued on 18.08.2014.

4. International Covenant on

Economic, Social and

Cultural Rights

Accession: 25.01.1994

No reservations

Lack of compliance with country reporting

obligations

Georgia's latest country report (3

Periodic Report)

was due on 30.07.2007. According to the Government

of Georgia, it is being finalised for submission by the

end of 2015.

Latest country report was submitted on 19.06.2001.

Latest monitoring body report issued on 19.12.2002.

5. Convention on the

Elimination of All Forms of

Discrimination against

Women

Accession: 22.09.1994

No reservations

Compliant with country reporting obligations

Latest country report submitted on 27.06.2012.

Next country report due on 01.07.2018.

Latest monitoring body report issued on 18.07.2014.

6. Convention against

Torture and other Cruel,

Inhuman or Degrading

Treatment or Punishment

Accession: 22.09.1994

No reservations

Lack of compliance with country reporting

obligations

Georgia's latest country report (Periodic Report) was

due in 2011. According to the Government of Georgia,

it is being finalised for submission by the end of 2015.

Latest country report was submitted in 24.11.2003.

Latest monitoring body report issued on 25.07.2006.

7. Convention on the Rights

of the Child

Accession: 21.04.1994

No reservations

Compliant with country reporting obligations

Latest country report was submitted in December 2014

and not yet examined by the monitoring body.

Latest monitoring body report issued on 23.06.2008.

8. Convention concerning

Forced or Compulsory

Labour, No. 29

Ratification: 1993

Compliant with country reporting obligations

All national country reports submitted.

Latest CEARC comments: Direct Request 2013

Compliance with reporting obligations to

monitoring bodies

No country reporting obligations

1. Convention on the

Prevention and Punishment

of the Crime of Genocide

2. International Convention

on the Elimination of All

Forms of Racial

Discrimination

3. International Covenant on

Civil and Political Rights

Reservations do not apply in the ILO system, so there is no relevance to providing information

on reservations under each of these conventions.

309

9. Convention concerning

Freedom of Association and

Protection of the Right to

Organise, No. 87

Ratification: 1999

Compliant with country reporting obligations

All national country reports submitted

Latest CEACR comments: Direct Request 2015,

Observation 2015

10. Convention concerning

the Application of the

Principles of the Right to

Organise and to Bargain

Collectively, No. 98

11. Convention concerning

Equal Remuneration of Men

and Women Workers for

Work of Equal Value, No.

100

12. Convention concerning

the Abolition of Forced

Labour, No. 105

Ratification: 1993

Compliant with country reporting obligations

All national country reports submitted

Latest CEACR comments: Direct Request 2015,

Observation 2015

Ratification: 1993

Compliant with country reporting obligations

All national country reports submitted

Latest CEACR comments: Direct Request 2014,

Observation 2014

Ratification: 1996

Compliant with country reporting obligations

All national country reports submitted

Latest CEACR comments: Direct Request 2013

13. Convention concerning

Discrimination in Respect of

Employment and

Occupation, No. 111

Ratification: 1993

Compliant with country reporting obligations

All national country reports submitted

Latest CEACR comments: Direct Request 2014,

Observation 2014

14. Convention concerning

Minimum Age for

Admission to Employment,

No. 138

Ratification: 1996

Compliant with country reporting obligations

All national country reports submitted

Latest CEACR comments: Direct Request 2013,

Observation 2013

15. Convention concerning

Minimum Age for

Admission to Employment,

No. 182

16. CITES

Ratification: 2002

Compliant with country reporting obligations

All national country reports submitted

Latest CEACR comments: Direct Request 2013

Accession: 13.09.1996

No reservations

Compliant with country reporting obligations

All country reports submitted.

Latest country report (Annual Report) submitted on

28.10.2015.

17. Montreal Protocol

Accession: 21.03.1996

No reservations

Compliant with country reporting obligations

All country reports submitted.

Most recently, annual data for 2014 was submitted on

31.03.2015.

18. Basel Convention

Accession: 20.05.1999

No reservations

Compliant with reporting obligation

All country reports submitted.

Latest country report submitted 22.01.2015 (2013

310

Annual Report).

19. Convention on

Biological Diversity

Accession: 02.06.1994

No reservations

Georgia made a declaration

to the CBD at accession.

20. UN Framework

Convention on Climate

Change

Accession: 29.07.1994

No reservations

Compliant with country reporting obligations

All country reports submitted.

Latest country report submitted on 10.06.2015 (Fifth

National Report).

Compliant with country reporting obligations

First National Communication submitted on

10.08.1999.

Second National Communication submitted on

02.10.2009.

Compliant with country reporting obligations

All country reports submitted.

Last country report submitted on 05.11.2015 (Third

National Report).

22. Stockholm Convention

Ratification: 04.10.2006

No reservations

Compliant with country reporting obligations

All country reports submitted.

Last country report submitted on 03.09.2014 (Third

Round National Report).

23. Kyoto Protocol

Accession: 16.06.1999

No reservations

24. UN Single Convention

on Narcotic Drugs

25. UN Convention on

Psychotropic Substances

26. UN Convention against

Illicit Traffic in Narcotic

Drugs and Psychotropic

Substances

27. UN Convention against

Corruption

Accession: 27.03.2000

No reservations

Accession: 08.01.1998

No reservations

Accession: 08.01.1998

No reservations

All country reports submitted

Monitoring body reviewing is fulfilled by UN Office

on Drugs and Crime (UNODC).

No country reporting obligations

21. Cartagena Protocol on

Biosafety

Accession: 04.11.2008

No reservations

Accession: 04.11.2008

Georgia made a reservation

to this Convention.

All country reports submitted

Monitoring body reviewing is fulfilled by UN Office

on Drugs and Crime (UNODC). Latest report was

issued in 2013. The Executive Summary has been

publicly available since 30.05.2012. The full report is

also available to the public.

Under the GSP Regulation this declaration is permissible, as it is not prohibited by the

Convention and for GSP+ purposes is not considered to be incompatible with the object and

purpose of the Convention as it does not meet criteria of point (c) of Article 9(1).

Under the GSP Regulation this reservation is permissible, as it:

(a) is not prohibited by the Convention;

(b) for GSP+ purposes is not considered to be incompatible with the object and purpose of the

Convention as it does not meet criteria of point (c) of Article 9(1). The convention does not

set out a process for determination of the incompatibility with the object and purpose of the

convention. Therefore provisions of Article 9(1)(c)(ii) are applied to determine whether the

reservation is incompatible with the object and purpose of the convention. No EU Member

311

State objected to the reservation opposing the entry into force of the convention as between

them and Georgia.

312

16.8. Guatemala – Treaty Ratification and

Reporting

Convention

Status of ratification /

reservations

Ratified

No reservations

Ratified

No reservations

Compliant with country reporting obligations

All country reports submitted.

Last country report submitted 12.05.2013.

Next country report due 20.12.2017.

3. International Covenant on

Civil and Political Rights

Accession

No reservations

Compliant with country reporting obligations

Last country report submitted 21.10.2009.

Latest monitoring body report issued on 19.05.2012.

4. International Covenant on

Economic, Social and

Cultural Rights

Accession

No reservations

Compliant with country reporting obligations

All country reports submitted.

Last country report submitted 16.12.2011.

Next country report due 30.11.2019.

Latest monitoring body report issued on 08.12.2014.

5. Convention on the

Elimination of All Forms of

Discrimination against

Women

Ratified

No reservations

Latest country report due 01.09.2015.

Last country report submitted 07.01.2007.

Latest monitoring body report issued on 12.02.2009.

6. Convention against

Torture and other Cruel,

Inhuman or Degrading

Treatment or Punishment

Accession

Reservations made, but later

withdrawn

Compliant with country reporting obligations

Last country report submitted 05.01.2012.

Next country report due 31.05.2017.

Latest monitoring body report issued on 24.06.2013.

7. Convention on the Rights

of the Child

Ratified

No reservations

Compliant with country reporting obligations

Latest country report due on 01.10.2015.

Last country report submitted 14.04.2008.

Latest monitoring body report issued on 25.10.2010.

Lack of compliance with country reporting

obligations

Compliance with reporting obligations to

monitoring bodies

No country reporting obligations

1. Convention on the

Prevention and Punishment

of the Crime of Genocide

2. International Convention

on the Elimination of All

Forms of Racial

Discrimination

Reservations do not apply in the ILO system, so there is no relevance to providing information

on reservations under each of these conventions.

313

8. Convention concerning

Forced or Compulsory

Labour, No. 29

Ratification: 1989

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Direct Request 2013.

9. Convention concerning

Freedom of Association and

Protection of the Right to

Organise, No. 87

Ratification: 1952

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Observation 2015. Country

Case at ILC 2015.

10. Convention concerning

the Application of the

Principles of the Right to

Organise and to Bargain

Collectively, No. 98

11. Convention concerning

Equal Remuneration of Men

and Women Workers for

Work of Equal Value, No.

100

12. Convention concerning

the Abolition of Forced

Labour, No. 105

Ratification: 1952

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Observation 2015.

Ratification: 1961

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Observation 2014, Direct

Request 2014

Ratification: 1959

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Observation 2013

13. Convention concerning

Discrimination in Respect of

Employment and

Occupation, No. 111

Ratification: 1960

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Observation 2014; Direct

Request 2014

14. Convention concerning

Minimum Age for

Admission to Employment,

No. 138

Ratification: 1990

Minimum age specified: 14

years

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Observation 2013, Direct

Request 2013

15. Convention concerning

Minimum Age for

Admission to Employment,

No. 182

Ratification: 2001

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Observation 2013, Direct

Request 2013

16. CITES

Ratification: 07.11.1979

No reservations

Guatemala did not agree on

the Bonn Amendment

(introducing financial

changes).

Lack of compliance with reporting obligations

Last country report submitted on 15.04.2015 (Annual

Report for 2013).

Country report (Annual Report) for 2014 due. Biennial

Reports for 2005-06, 2007-08, 2011-12, and 2013-14

also due.

17. Montreal Protocol

Accession: 07.11.1989

No reservations

Compliant with country reporting obligations

All country reports submitted.

Most recently, annual data for 2014 was submitted on

08.05.2015.

314

18. Basel Convention

Ratification: 15.05.1995

No reservations

Lack of compliance with country reporting

obligations

Last country report submitted on 29.12.2014 (2013

Annual Report).

Country reports (Annual Reports) due for 2007, 2008,

2009, 2010, and 2011.

19. Convention on

Biological Diversity

Ratification: 15.07.1995

No reservations

Compliant with country reporting obligations

All country reports submitted.

Latest country report submitted on 09.04.2015 (Fifth

National Report).

20. UN Framework

Convention on Climate

Change

Ratification: 15.12.1995

No reservations

Compliant with country reporting obligations

First National Communication submitted on

01.02.2002.

Lack of compliance with country reporting

obligations

Last country report submitted on 01.11.2015 (Third

National Report).

First National Report (2005) due.

21. Cartagena Protocol on

Biosafety

Ratification: 28.10.2004

No reservations

22. Stockholm Convention

Ratification: 30.07.2008

No reservations

Lack of compliance with country reporting

obligations

Last country report submitted on 29.08.2014 (Third

Round National Report).

First Round National Report (2006) is due.

23. Kyoto Protocol

Ratification: 05.10.1999

No reservations

No country reporting obligations

24. UN Single Convention

on Narcotic Drugs

25. UN Convention on

Psychotropic Substances

26. UN Convention against

Illicit Traffic in Narcotic

Drugs and Psychotropic

Substances

27. UN Convention against

Corruption

Ratification: 01.12.1967

No reservations

Accession: 13.08.1979

No reservations

Ratification: 28.02.1991

No reservations

All country reports submitted

Monitoring body reviewing is fulfilled by UN Office

on Drugs and Crime (UNODC).

Ratification: 03.11.2006

No reservations

All country reports submitted

Monitoring body reviewing is fulfilled by UN Office

on Drugs and Crime (UNODC). The executive

summary of the most recent review has been publicly

available since 30.10.2015.

315

16.9. Mongolia – Treaty Ratification and Reporting

Convention

Status of ratification /

reservations

Ratified

No reservations

Ratified

No reservations

Compliant with country reporting obligations

Latest country report submitted on 22.05.2014.

Latest monitoring body report issued on 07.07.2015.

3. International Covenant on

Civil and Political Rights

Ratified

No reservations

Last country report submitted on 14.09.2009.

Latest country report due 01.05.2015.

Latest monitoring body report issued on 02.05.2011.

4. International Covenant on

Economic, Social and

Cultural Rights

Ratified

No reservations

Compliant with country reporting obligations

Latest country report submitted on 23.02.2012.

Latest monitoring body report issued on 19.10.2006.

5. Convention on the

Elimination of All Forms of

Discrimination against

Women

6. Convention against

Torture and other Cruel,

Inhuman or Degrading

Treatment or Punishment

7. Convention on the Rights

of the Child

Ratified

No reservations

Compliant with country reporting obligations

Latest country report submitted on 11.12.2014.

Latest monitoring body report issued on 07.11.2008.

Ratified

No reservations

Compliant with country reporting obligations

Latest country report submitted on 23.03.2015.

Latest monitoring body report issued on 20.01.2011.

Ratified

No reservations

Compliant with country reporting obligations

Latest country report submitted on 03.06.2015.

Latest monitoring body report issued on 01.03.2010.

8. Convention concerning

Forced or Compulsory

Labour, No. 29

Ratification: 2005

Lack of compliance with country reporting

obligations

Latest country report due in September 2015.

Latest CEACR comments: Direct Request 2013

9. Convention concerning

Freedom of Association and

Protection of the Right to

Organise, No. 87

Ratification: 1969

Compliant with country reporting obligations

Last country report submitted in September 2015 (out

of cycle, as initially due in 2014).

Latest CEACR comments: Direct Request 2015

Lack of compliance with country reporting

obligations

Compliance with reporting obligations to

monitoring bodies

No country reporting obligations

1. Convention on the

Prevention and Punishment

of the Crime of Genocide

2. International Convention

on the Elimination of All

Forms of Racial

Discrimination

Reservations do not apply in the ILO system, so there is no relevance to providing information

on reservations under each of these conventions.

316

10. Convention concerning

the Application of the

Principles of the Right to

Organise and to Bargain

Collectively, No. 98

11. Convention concerning

Equal Remuneration of Men

and Women Workers for

Work of Equal Value, No.

100

Ratification: 1969

Compliant with country reporting obligations

Last country report submitted in September 2015 (out

of cycle, as initially due in 2014).

Latest CEACR comments: Direct Request 2008

Ratification: 1969

Lack of compliance with country reporting

obligations

Latest country report due in 2013.

Latest CEACR comments: Observation 2015, Direct

Request 2015

12. Convention concerning

the Abolition of Forced

Labour, No. 105

Ratification: 2005

Lack of compliance with country reporting

obligations

Latest country report due in September 2015.

Latest CEACR comments: Direct Request 2013

13. Convention concerning

Discrimination in Respect of

Employment and

Occupation, No. 111

Ratification: 1969

Lack of compliance with country reporting

obligations

Latest country report due in 2013.

Latest CEACR comments: Observation 2015; Direct

Request 2015

14. Convention concerning

Minimum Age for

Admission to Employment,

No. 138

Ratification: 2002

Minimum age specified: 15

years

Lack of compliance with country reporting

obligations

Latest country report due in September 2015.

Latest CEACR comments: Direct Request 2015

15. Convention concerning

Minimum Age for

Admission to Employment,

No. 182

Ratification: 2001

Lack of compliance with country reporting

obligations

Latest country report due in September 2015.

Latest CEACR comments: Direct Request 2015

16. CITES

Accession: 05.01.1996

No reservations

Lack of compliance with country reporting

obligations

Last country report submitted on 14.01.2011 (Annual

Report for 2010).

Country reports (Annual Reports) are due for 2011,

2012, 2013, and 2014. Biennial Reports are due for

2005-06, 2007-08, 2009-10, 2011-12, and 2013-14.

17. Montreal Protocol

Accession: 07.03.1996

No reservations

Compliant with country reporting obligations

All country reports submitted.

Most recently, annual data for 2014 was submitted on

10.05.2015.

18. Basel Convention

Ratification: 15.04.1997

No reservations

Lack of compliance with country reporting

obligations

National Reports are due for 2007, 2008, 2009, 2010,

2011, 2012, and 2013.

19. Convention on

Biological Diversity

Ratification: 30.09.1993

No reservations

Compliant with country reporting obligations

All country reports submitted.

317

Latest country report submitted on 29.0.6.2015 (Fifth

National Report).

20. UN Framework

Convention on Climate

Change

Ratification: 30.09.1993

No reservations

Compliant with country reporting obligations

First National Communication submitted 01.11.2001.

Second National Communication submitted

10.12.2010.

Lack of compliance with country reporting

obligations

Latest country report submitted on 23.09.2011

(Second National Report).

Interim National Report (2005) and First National

Report (2007) due. Third National Report due on

01.11.2015.

22. Stockholm Convention

Ratification: 30.04.2004

No reservations

Latest country report submitted on 03.11.2010

(Second Round National Report).

First Round (2006) and Third Round (2014) National

Reports due.

23. Kyoto Protocol

Accession: 15.12.1999

No reservations

24. UN Single Convention

on Narcotic Drugs

25. UN Convention on

Psychotropic Substances

26. UN Convention against

Illicit Traffic in Narcotic

Drugs and Psychotropic

Substances

27. UN Convention against

Corruption

Accession: 06.05.1991

No reservations

Accession: 15.12.1999

No reservations

Accession: 25.06.2003

No reservations

All country reports submitted

Monitoring body reviewing is fulfilled by UN Office

on Drugs and Crime (UNODC).

No country reporting obligations

Lack of compliance with country reporting

obligations

21. Cartagena Protocol on

Biosafety

Ratification: 22.07.2003

No reservations

Ratification: 11.01.2006

No reservations

All country reports submitted

Monitoring body reviewing is fulfilled by UN Office

on Drugs and Crime (UNODC). The executive

summary of the most recent review has been available

to the public since 25.08.2011.

318

16.10.

Pakistan – Treaty Ratification and

Reporting

Convention

Status of ratification /

reservations

Ratified: 12.10.1957

No reservations

Ratified: 21.09.1966

No reservations

Compliant with country reporting obligations

Latest country report submitted on 02.11.2015.

Latest monitoring body report issued on 15.03.2009.

3. International Covenant on

Civil and Political Rights

Ratified: 23.06.2010

Reservations made at

ratification, of which two

remain, on Articles 3 and

4. International Covenant on

Economic, Social and

Cultural Rights

5. Convention on the

Elimination of All Forms of

Discrimination against

Women

Ratified: 17.04.2008

Reservation made

Ratified: 12.03.1996

Accession subject to the

provisions of the Pakistan

constitution

Reservation to Article 29

Compliant with country reporting obligations

Latest country report submitted on 19.10.2015.

Compliance with reporting obligations to

monitoring bodies

No country reporting obligations

1. Convention on the

Prevention and Punishment

of the Crime of Genocide

2. International Convention

on the Elimination of All

Forms of Racial

Discrimination

Compliant with country reporting obligations

Latest country report submitted on 16.10.2015.

Compliant with country reporting obligations

Latest country report submitted on 16.06.2011 (Fourth

Report).

However, delay on reply to follow-up questions to

Fourth Report (examined February 2013), due on

01/03/2015.

Next country report due on 01.03.2017 (Fifth Report).

Latest monitoring body report issued on 26.03.2013.

6. Convention against

Torture and other Cruel,

Inhuman or Degrading

Treatment or Punishment

Ratified: 23.06.2010

Reservations made at

ratification, of which

reservations to Articles 8,

Compliant with country reporting obligations

Latest country report submitted on 04.01.2016 (First

Report).

Reservations do not apply in the ILO system, so there is no relevance to providing information

on reservations under each of these conventions.

Pakistan made nine reservations to the ICCPR at ratification. Leading up to joining the GSP+,

most reservations were withdrawn, and the remaining reservations were made more specific.

Currently, Pakistan has reservations to Articles 3 and 25.

Reservation: 'with a view to achieving progressively the full realization of the rights recognized

in the present Covenant, Pakistan shall use all appropriate means to the maximum of its

resources.'

Pakistan made several reservations to the CAT at ratification. Leading up to joining the GSP+,

most reservations were withdrawn, and the remaining reservations were made more specific.

Currently, Pakistan has reservations to Articles 8, 28, and 30.

319

28, and 30 remain

7. Convention on the Rights

of the Child

Ratified: 12.11.1990

No reservations

Compliant with country reporting obligations

Last country report submitted on 23.05.2014.

Latest monitoring body report issued on 15.09.2009.

8. Convention concerning

Forced or Compulsory

Labour, No. 29

Ratification: 1957

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Observation 2014; Direct

Request 2014

9. Convention concerning

Freedom of Association and

Protection of the Right to

Organise, No. 87

Ratification: 1951

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Observation 2013; Direct

Request 2013

10. Convention concerning

the Application of the

Principles of the Right to

Organise and to Bargain

Collectively, No. 98

11. Convention concerning

Equal Remuneration of Men

and Women Workers for

Work of Equal Value, No.

100

12. Convention concerning

the Abolition of Forced

Labour, No. 105

Ratification: 1952

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Observation 2013

Ratification: 2001

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Observation 2012

Ratification: 1960

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Observation 2014; Direct

Request 2014

13. Convention concerning

Discrimination in Respect of

Employment and

Occupation, No. 111

Ratification: 1961

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Observation 2012; Direct

Request 2012

14. Convention concerning

Minimum Age for

Admission to Employment,

No. 138

Ratification: 2006

Minimum age specified: 14

years

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Observation 2014; Direct

Request 2014

15. Convention concerning

Minimum Age for

Admission to Employment,

No. 182

Ratification: 2001

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Observation 2014; Direct

Request 2014

16. CITES

Accession: 20.04.1976

No reservations

Last country report submitted on 03.02.2015 (Annual

Report for 2014).

Country reports (Biennial Reports) due for 2003-04,

Lack of compliance with country reporting

obligations

320

2005-06, and 2009-10.

17. Montreal Protocol

Accession: 18.12.1992

No reservations

Compliant with country reporting obligations

All country reports submitted.

Most recently, annual data for 2014 was submitted on

30.04.2015.

18. Basel Convention

Ratification: 26.07.1994

No reservations

Last country report submitted on 10.04.2015 (2013

National Report).

Country reports U(Annual Reports) for 2008, 2010,

and 2011 due.

19. Convention on

Biological Diversity

Ratification: 26.07.1994

No reservations

Compliant with country reporting obligations

All country reports submitted.

Latest country report submitted on 31.03.2014 (Fifth

National Report).

20. UN Framework

Convention on Climate

Change

Ratification: 01.06.1994

No reservations

Compliant with country reporting obligations

First National Communication submitted on

15.11.2003.

Lack of compliance with country reporting

obligations

Last country report submitted on 12.09.2014 (Second

National Report).

Interim National Report (2005) and First National

Report (2007) due. Third National Report due on

01.11.2015.

22. Stockholm Convention

Ratification: 17.04.2008

No reservations

No country reports submitted.

First Round (2006), Second Round (2010), and Third

Round (2014) National Reports due.

23. Kyoto Protocol

Accession: 11.01.2005

No reservations

24. UN Single Convention

on Narcotic Drugs

25. UN Convention on

Psychotropic Substances

26. UN Convention against

Illicit Traffic in Narcotic

Drugs and Psychotropic

Substances

27. UN Convention against

Corruption

Ratification: 09.07.1965

No reservations

Accession: 09.06.1977

No reservations

Ratification: 25.10.1991

No reservations

All country reports submitted

Monitoring body reviewing is fulfilled by UN Office

on Drugs and Crime (UNODC).

No country reporting obligations

Lack of compliance with country reporting

obligations

Lack of compliance with country reporting

obligations

21. Cartagena Protocol on

Biosafety

Ratification: 02.03.2009

No reservations

Ratification: 31.08.2007

All country reports submitted

Monitoring body reviewing is fulfilled by UN Office

on Drugs and Crime (UNODC). For Pakistan's most

recent review, no summary information is publicly

321

available yet.

322

16.11.

Panama – Treaty Ratification and

Reporting

Convention

Status of

ratification /

reservations

100

Ratified: 1950

No reservations

Compliance with reporting obligations to monitoring bodies

1. Convention on

the Prevention

and Punishment

of the Crime of

Genocide

2. International

Convention on the

Elimination of All

Forms of Racial

Discrimination

No country reporting obligations

Ratified: 1967

No reservations

Lack of compliance with country reporting obligations

Latest country report due on 04.01.2013.

Last country report submitted on 12.02.2009.

Latest monitoring body report issued on 19.05.2010.

3. International

Covenant on Civil

and Political

Rights

Ratified: 1977

No reservations

Lack of compliance with country reporting obligations

Latest country report due on 31.03.2012.

Last country report submitted on 09.02.2007.

Latest monitoring body report issued on 17.05.2008.

4. International

Covenant on

Economic, Social

and Cultural

Rights

Ratified: 1977

No reservations

Lack of compliance with country reporting obligations

Latest country report due on 30.06.2004.

Last country report submitted on 19.07.1999.

Latest monitoring body report issued on 24.09.2001.

5. Convention on

the Elimination of

All Forms of

Discrimination

against Women

Ratified: 1981

No reservations

Lack of compliance with country reporting obligations

Latest country report due on 01.02.2014.

Last country report submitted on 07.07.2008.

Latest monitoring body report issued on 05.02.2010.

6. Convention

against Torture

and other Cruel,

Inhuman or

Degrading

Treatment or

Punishment

7. Convention on

the Rights of the

Ratified: 1987

Declaration

made

101

Compliant with country reporting obligations

Last country report submitted on 19.05.1997.

Next country report due by 27.09.2016 (initially due 2000).

Latest monitoring body report issued on 21.05.1998.

Ratified: 1990

Compliant with country reporting obligations

100

Reservations do not apply in the ILO system, so there is no relevance to providing information

on reservations under each of these conventions.

Declaration: 'The Republic of Panama declares in accordance with article 30, paragraph 2 of

the Convention that it does not consider itself bound by the provision of paragraph 1 of the

said article.'

101

323

Child

No reservations

All country reports submitted.

Last country report submitted on 31.03.2009.

Next country report due by 10.07.2016.

Latest monitoring body report issued on 21.12.2011.

8. Convention

concerning Forced

or Compulsory

Labour, No. 29

9. Convention

concerning

Freedom of

Association and

Protection of the

Right to Organise,

No. 87

10. Convention

concerning the

Application of the

Principles of the

Right to Organise

and to Bargain

Collectively,

No. 98

11. Convention

concerning Equal

Remuneration of

Men and Women

Workers for Work

of Equal Value,

No. 100

12. Convention

concerning the

Abolition of

Forced Labour,

No. 105

13. Convention

concerning

Discrimination in

Respect of

Employment and

Occupation,

No. 111

14. Convention

concerning

Minimum Age for

Admission to

Employment, No.

138

Ratification: 1966

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Direct Request 2014

Ratification: 1958

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Observation 2013

Ratification: 1966

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Observation 2013

Ratification: 1958

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Observation 2013, Direct Request 2013

Ratification: 1966

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Direct Request 2014

Ratification: 1966

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Observation 2013, Direct Request 2013

Ratification: 2000

Minimum age

specified: 14

years

102

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Direct Request 2015

102

Minimum age specified for maritime employment and maritime fishing, and for young

persons that have not completed compulsory schooling: 15 years. Minimum age specified for

underground work in mines: 18 years. The scope of the Convention is limited to those

branches of economic activity or types of undertaking listed in Article 5 paragraph 3.

324

15. Convention

concerning

Minimum Age for

Admission to

Employment, No.

182

16. CITES

Ratification: 2000

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Observation 2014

Ratification:

17.08.1979

No reservations

Not fully Compliant with country reporting obligations

Last country report submitted on 27.06.2012 (Annual Report for 2011).

Country reports (Annual Reports) due for 2012, 2013, 2014. Biennial

Reports also due for 2009-10, 2011-12, 2013-14.

17. Montreal

Protocol

Accession:

03.03.1989

No reservations

Compliant with country reporting obligations

All country reports submitted.

Most recently, annual data for 2014 was submitted on 12.05.2015.

18. Basel

Convention

Ratification:

22.02.1991

No reservations

Not fully Compliant with country reporting obligations

Last country report submitted on 30.04.2014 (2012 National Report).

National Reports due for 2009, 2010, and 2013.

19. Convention on

Biological

Diversity

Ratification:

30.09.1993

No reservations

Compliant with country reporting obligations

All country reports submitted.

Last country report submitted on 07.11.2014 (Fifth National Report)

20. UN

Framework

Convention on

Climate Change

21. Cartagena

Protocol on

Biosafety

Ratification:

17.01.1995

No reservations

Ratification:

01.05.2002

No reservations

Compliant with country reporting obligations

First National Communication submitted 20.07.2001.

Second National Communication submitted 02.03.2012.

Compliant with country reporting obligations

All country reports submitted.

Last country report submitted on 23.10.2015 (Third National Report).

22. Stockholm

Convention

Ratification:

05.03.2003

No reservations

Not fully Compliant with country reporting obligations

Last country report submitted on 28.10.2010 (Second Round National

Report).

First Round (2006) and Third Round (2014) National Reports due.

23. Kyoto

Protocol

Ratification:

05.03.1999

No reservations

No country reporting obligations

24. UN Single

Convention on

Narcotic Drugs

25. UN

Convention on

Psychotropic

Substances

26. UN

Convention

against Illicit

Traffic in

Narcotic Drugs

Ratification:

04.12.1963

No reservations

Accession:

18.02.1972

No reservations

Ratification:

13.01.1994

Reservation made

on Article 5,

All country reports submitted

Monitoring body reviewing is fulfilled by UN Office on Drugs and Crime

(UNODC).

325

and Psychotropic

Substances

27. UN

Convention

against Corruption

paragraphs 1 and 2

Ratification:

23.09.2005

All country reports submitted

Monitoring body reviewing is fulfilled by UN Office on Drugs and Crime

(UNODC). The executive summary of the most recent review has been

publicly available since 27.06.2013.

326

16.12.

Paraguay – Treaty Ratification and

Reporting

Convention

Status of ratification /

reservations

103

Ratified: 14.06.2005

No reservations

Ratified: 18.08.2003

No reservations

Compliant with country reporting obligations

Last country report submitted on 20.10.2015.

Latest monitoring body report issued on 12.09.2011.

3. International Covenant on

Civil and Political Rights

Ratified: 10.06.1992

No reservations

Compliant with country reporting obligations

All country reports submitted.

Last country report submitted on 31.12.2010.

Next country report due on 30.03.2017.

Latest monitoring body report issued on 29.04.2013.

4. International Covenant on

Economic, Social and

Cultural Rights

Ratified: 10.06.1992

No reservations

Compliant with country reporting obligations

All country reports submitted.

Last country report submitted on 06.11.2011.

Next country report due on 30.03.2020.

Latest monitoring body report issued on 19.03.2015.

5. Convention on the

Elimination of All Forms of

Discrimination against

Women

Ratified: 06.05.1987

No reservations

Compliant with country reporting obligations

All country reports submitted.

Last country report submitted on 12.10.2015.

Latest monitoring body report issued on 08.11.2011.

6. Convention against

Torture and other Cruel,

Inhuman or Degrading

Treatment or Punishment

Ratified: 12.03.1990

No reservations

Most recent country report due on 25.11.2015.

Last country report submitted on 19.10.2010.

Latest monitoring body report issued on 25.11.2011.

7. Convention on the Rights

of the Child

Ratified: 25.09.1990

No reservations

Compliant with country reporting obligations

All country reports submitted.

Last country report submitted on 20.03.2008.

Lack of compliance with country reporting

obligations

Compliance with reporting obligations to

monitoring bodies

No country reporting obligations

1. Convention on the

Prevention and Punishment

of the Crime of Genocide

2. International Convention

on the Elimination of All

Forms of Racial

Discrimination

103

Reservations do not apply in the ILO system, so there is no relevance to providing information

on reservations under each of these conventions.

327

Next country report due on 01.10.2017.

Latest monitoring body report issued on 10.02.2010.

8. Convention concerning

Forced or Compulsory

Labour, No. 29

Ratification: 1967

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Observation 2014; Direct

Request 2014

9. Convention concerning

Freedom of Association and

Protection of the Right to

Organise, No. 87

10. Convention concerning

the Application of the

Principles of the Right to

Organise and to Bargain

Collectively, No. 98

11. Convention concerning

Equal Remuneration of Men

and Women Workers for

Work of Equal Value, No.

100

12. Convention concerning

the Abolition of Forced

Labour, No. 105

Ratification: 1962

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Observation 2013

Ratification: 1966

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Observation 2013

Ratification: 1964

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Direct Request 2011

Ratification: 1968

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Direct Request 2007

13. Convention concerning

Discrimination in Respect of

Employment and

Occupation, No. 111

14. Convention concerning

Minimum Age for

Admission to Employment,

No. 138

Ratification: 1967

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Direct Request 2012

Ratification: 2004

Minimum age specified: 14

years

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Observation 2014; Direct

Request 2014

15. Convention concerning

Minimum Age for

Admission to Employment,

No. 182

Ratification: 2001

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Observation 2014; Direct

Request 2014

16. CITES

Ratification: 15.11.1976

No reservations

Last country report submitted 31.10.2015 (Annual

Report for 2014).

Country reports (Annual Report) for 2008 due.

Biennial Report for 2013-14 due.

17. Montreal Protocol

Accession: 03.12.1992

No reservations

Compliant with country reporting obligations

All country reports submitted.

Most recently, annual data for 2014 was submitted on

Lack of compliance with country reporting

obligations

328

26.02.2015.

18. Basel Convention

Ratification: 28.09.1995

No reservations

Country reports (Annual Reports) for 2007, 2008,

2009, 2012, and 2013 are due.

19. Convention on

Biological Diversity

Ratification: 24.02.1994

No reservations

Last country report submitted on 13.06.2003 (Second

National Report).

First (1998), Third (2006), Fourth (2010), and Fifth

(2014) National Reports are due.

20. UN Framework

Convention on Climate

Change

Ratification: February 1994

No reservations

Compliant with country reporting obligations

First National Communication submitted on

10.04.2002.

Second National Communication submitted on

08.12.2011.

Lack of compliance with country reporting

obligations

Latest country report submitted on 24.09.2012

(Second National Report).

Interim National Report (2005) and First National

Report (2007) due. Third National Report due on

01.11.2015.

22. Stockholm Convention

Ratification: 01.04.2004

No reservations

Latest country report submitted on 02.08.2011

(Second Round National Report).

First Round (2006) and Third Round (2014) National

Reports due.

23. Kyoto Protocol

Ratification: 27.08.1999

No reservations

24. UN Single Convention

on Narcotic Drugs

25. UN Convention on

Psychotropic Substances

26. UN Convention against

Illicit Traffic in Narcotic

Drugs and Psychotropic

Substances

27. UN Convention against

Corruption

Ratification: 03.02.1972

No reservations

Ratification: 03.02.1972

No reservations

Ratification: 23.08.1990

No reservations

All country reports submitted

Monitoring body reviewing is fulfilled by UN Office

on Drugs and Crime (UNODC).

No country reporting obligations

Lack of compliance with country reporting

obligations

Lack of compliance with country reporting

obligations

Lack of compliance with country reporting

obligations

21. Cartagena Protocol on

Biosafety

Ratification: 10.03.2004

No reservations

Ratification: 01.06.2005

All country reports submitted

Monitoring body reviewing is fulfilled by UN Office

on Drugs and Crime (UNODC). The Executive

Summary of the 2014 review has been available to the

public since 04.09.2014.

329

16.13.

Convention

Peru – Treaty Ratification and Reporting

Status of ratification /

reservations

104

Ratified: 24.02.1960

No reservations

Ratified: 29.09.1971

No reservations

Compliant with country reporting obligations

All country reports submitted.

Last country report submitted on 23.04.2013.

Latest monitoring body report issued on 24.09.2014.

Compliance with reporting obligations to

monitoring bodies

No country reporting obligations

1. Convention on the

Prevention and Punishment

of the Crime of Genocide

2. International Convention

on the Elimination of All

Forms of Racial

Discrimination

3. International Covenant on

Civil and Political Rights

Ratified: 28.04.1978

No reservations

Compliant with country reporting obligations

All country reports submitted.

Last country report submitted on 23.06.2011.

Next country report due on 28.03.2018.

Latest monitoring body report issued on 29.05.2013.

4. International Covenant on

Economic, Social and

Cultural Rights

Ratified: 28.04.1978

No reservations

Compliant with country reporting obligations

All country reports submitted.

Last country report submitted on 26.05.2009.

Next country report due on 18.05.2017.

Latest monitoring body report issued on 30.05.2012.

5. Convention on the

Elimination of All Forms of

Discrimination against

Women

Ratified: 13.09.1982

No reservations

Compliant with country reporting obligations

All country reports submitted.

Last country report submitted on 19.02.2012.

Latest monitoring body report issued on 24.07.2014.

6. Convention against

Torture and other Cruel,

Inhuman or Degrading

Treatment or Punishment

Ratified: 07.07.1988

No reservations

Compliant with country reporting obligations

All country reports submitted.

Last country report submitted on 27.07.2011.

Most recent country report due on 23.11.2016.

Latest monitoring body report issued on 21.02.2013.

7. Convention on the Rights

of the Child

Ratified: 04.09.1990

No reservations

Compliant with country reporting obligations

All country reports submitted.

104

Reservations do not apply in the ILO system, so there is no relevance to providing information

on reservations under each of these conventions.

330

Last country report submitted on 06.11.2013.

Latest monitoring body report issued on 14.03.2006.

8. Convention concerning

Forced or Compulsory

Labour, No. 29

Ratification: 1960

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Observation 2014; Direct

Request 2014

9. Convention concerning

Freedom of Association and

Protection of the Right to

Organise, No. 87

Ratification: 1960

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Observation 2013; Direct

Request 2013

10. Convention concerning

the Application of the

Principles of the Right to

Organise and to Bargain

Collectively, No. 98

11. Convention concerning

Equal Remuneration of Men

and Women Workers for

Work of Equal Value, No.

100

12. Convention concerning

the Abolition of Forced

Labour, No. 105

Ratification: 1964

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Observation 2013

Ratification: 1960

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Observation 2015; Direct

Request 2015

Ratification: 1960

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Direct Request 2014

13. Convention concerning

Discrimination in Respect of

Employment and

Occupation, No. 111

Ratification: 1970

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Observation 2015; Direct

Request 2015

14. Convention concerning

Minimum Age for

Admission to Employment,

No. 138

Ratification: 2002

Minimum age specified: 14

years

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Observation 2014; Direct

Request 2014

15. Convention concerning

Minimum Age for

Admission to Employment,

No. 182

16. CITES

Ratification: 2002

Latest CEACR comments: Observation 2013; Direct

Request 2013

Ratification: 27.06.1975

No reservations

Lack of compliance with country reporting

obligations

Last country report submitted on 31.10.2015 (Annual

Report for 2014).

Country report (Biennial Report) due for 2013-14.

17. Montreal Protocol

Accession: 31.03.1993

No reservations

Compliant with country reporting obligations

All country reports submitted.

Most recently, annual data for 2014 was submitted on

331

27.04.2015.

18. Basel Convention

Ratification: 23.11.1993

No reservations

Country reports (Annual Reports) are due for 2007,

2008, 2009, 2010, 2011, 2012 and 2013.

19. Convention on

Biological Diversity

Ratification: 07.06.1993

No reservations

Compliant with country reporting obligations

All country reports submitted.

Last country report submitted on 02.10.2014 (Fifth

National Report).

20. UN Framework

Convention on Climate

Change

Ratification: 1994

No reservations

Compliant with country reporting obligations

First National Communication submitted on

21.08.2001.

Second National Communication submitted on

28.09.2010.

Compliant with reporting obligations.

All national country reports submitted.

Last country report submitted on 01.10.2015 (Third

National Report).

22. Stockholm Convention

Ratification: 14.09.2005

No reservations

Latest country report submitted 12.09.2014 (Third

Round National Report).

First Round National Report due (2006).

23. Kyoto Protocol

Ratification: 12.09.2002

No reservations

24. UN Single Convention

on Narcotic Drugs

25. UN Convention on

Psychotropic Substances

26. UN Convention against

Illicit Traffic in Narcotic

Drugs and Psychotropic

Substances

27. UN Convention against

Corruption

Ratification: 22.07.1964

No reservations

Accession: 28.01.1980

No reservations

Ratification: 16.06.1992

No reservations

All country reports submitted

Monitoring body reviewing is fulfilled by UN Office

on Drugs and Crime (UNODC).

No country reporting obligations

Lack of compliance with country reporting

obligations

Lack of compliance with country reporting

obligations

21. Cartagena Protocol on

Biosafety

Ratification: 14.04.2004

No reservations

Ratification: 16.11.2004

All country reports submitted

Monitoring body reviewing is fulfilled by UN Office

on Drugs and Crime (UNODC). The Executive

Summary of the 2013 review has been publicly

available since 30.05.2013. The full review is also

publicly available.

332

16.14.

Philippines – Treaty Ratification and

Reporting

Convention

Status of ratification /

reservations

105

Ratified: 07.07.1950

Reservations on Articles 4,

6, 7, 9

Ratified: 15.09.1967

No reservations

Latest country report due 04.01.2012.

Last country report submitted on 30.06.2008.

Latest monitoring body report issued on 23.09.2009.

3. International Covenant on

Civil and Political Rights

Ratified: 23.10.1986

No reservations

Compliant with country reporting obligations

Last country report submitted 12.09.2010.

Next country report due on 31.10.2016.

Latest monitoring body report issued on 13.12.2012.

4. International Covenant on

Economic, Social and

Cultural Rights

5. Convention on the

Elimination of All Forms of

Discrimination against

Women

6. Convention against

Torture and other Cruel,

Inhuman or Degrading

Treatment or Punishment

7. Convention on the Rights

of the Child

Ratified: 07.06.1974

No reservations

Ratified: 05.08.1981

No reservations

Compliant with country reporting obligations

Last country report submitted 25.11.2014.

Compliant with country reporting obligations

Last country report submitted on 16.01.2015.

Latest monitoring body report issued on 28.08.2006.

Ratified: 18.06.1986

No reservations

Compliant with country reporting obligations

Last country report submitted on 25.11.2014.

Latest monitoring body report issued on 29.05.2009.

Ratified: 21.08.1990

No reservations

Compliant with country reporting obligations

All country reports submitted.

Last country report submitted on 18.01.2008.

Next country report due on 19.09.2017.

Latest monitoring body report issued on 22.10.2009.

8. Convention concerning

Forced or Compulsory

Labour, No. 29

Ratification: 2005

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Observation 2014; Direct

Lack of compliance with country reporting

obligations

Compliance with reporting obligations to

monitoring bodies

No country reporting obligations

1. Convention on the

Prevention and Punishment

of the Crime of Genocide

2. International Convention

on the Elimination of All

Forms of Racial

Discrimination

105

Reservations do not apply in the ILO system, so there is no relevance to providing information

on reservations under each of these conventions.

333

Request 2014

9. Convention concerning

Freedom of Association and

Protection of the Right to

Organise, No. 87

10. Convention concerning

the Application of the

Principles of the Right to

Organise and to Bargain

Collectively, No. 98

11. Convention concerning

Equal Remuneration of Men

and Women Workers for

Work of Equal Value, No.

100

12. Convention concerning

the Abolition of Forced

Labour, No. 105

Ratification: 1953

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Observation 2013

Ratification: 1953

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Observation 2013

Ratification: 1953

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Observation 2015; Direct

Request 2015

Ratification: 1960

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Observation 2014; Direct

Request 2014

13. Convention concerning

Discrimination in Respect of

Employment and

Occupation, No. 111

Ratification: 1960

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Observation 2011; Direct

Request 2011

14. Convention concerning

Minimum Age for

Admission to Employment,

No. 138

Ratification: 1998

Minimum age specified: 15

years

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Observation 2014; Direct

Request 2014

15. Convention concerning

Minimum Age for

Admission to Employment,

No. 182

Ratification: 2000

Compliant with country reporting obligations

All country reports submitted.

Latest CEACR comments: Observation 2014; Direct

Request 2014

16. CITES

Ratification: 18.08.1981.

The Philippines has not

agreed to the Bonn

Amendment (on financial

provisions)

Lack of compliance with country reporting

obligations

Last country report submitted on 02.11.15 (Annual

Report for 2014).

Country report (Annual Report) for 2008 is due.

Biennial Reports for 2003-04, 2005-06, 2007-08,

2011-12, and 2013-14 also due.

17. Montreal Protocol

Accession: 17.07.1991

No reservations

Compliant with country reporting obligations

All country reports submitted.

Most recently, annual data for 2014 was submitted on

01.07.2015.

18. Basel Convention

Ratification: 21.10.1993

No reservations

Compliant with country reporting obligations

All country reports submitted.

334

Latest country report submitted 29.12.2014 (2013

Annual Report).

19. Convention on

Biological Diversity

Ratification: 08.10.1993

No reservations

Compliant with country reporting obligations

All country reports submitted.

Latest country report submitted on 03.09.2014 (Fifth

National Report).

20. UN Framework

Convention on Climate

Change

Ratification: 1994

No reservations

Compliant with country reporting obligations

First National Communication submitted on

19.05.2000.

Second National Communication submitted on

29.12.2014.

Lack of compliance with country reporting

obligations

Latest country report submitted on 28.10.2011

(Second National Report).

Third National Report due on 01.11.2015.

22. Stockholm Convention

Ratification: 27.02.2004

No reservations

Latest country report submitted on 05.08.2011

(Second Round National Report).

First Round (2006) and Third Round (2014) National

Reports due.

23. Kyoto Protocol

Ratification: 20.11.2003

No reservations

24. UN Single Convention

on Narcotic Drugs

25. UN Convention on

Psychotropic Substances

26. UN Convention against

Illicit Traffic in Narcotic

Drugs and Psychotropic

Substances

27. UN Convention against

Corruption

Ratification: 02.10.1967

No reservations

Accession: 07.06.1974

No reservations

Ratification: 07.06.1996

No reservations

All country reports submitted

Monitoring body reviewing is fulfilled by UN Office

on Drugs and Crime (UNODC).

No country reporting obligations

Lack of compliance with country reporting

obligations

21. Cartagena Protocol on

Biosafety

Ratification: 05.10.2006

No reservations

Ratification: 08.11.2006

No reservations

All country reports submitted

Monitoring body reviewing is fulfilled by UN Office

on Drugs and Crime (UNODC). The Executive

Summary of the 2013 publicly available since

10.12.2013.

335