Hong Kong Human Rights Monitor

The Hong Kong Human Rights Monitor is dismayed at the government's weak and misleading responses to questions by the Legislative Council (Legco) regarding the concluding observations of the U.N. Committee on Economic, Social and Cultural Rights. The Human Rights Monitor calls on the government to comply with its obligations under the International Covenant on Economic, Social and Cultural Rights (ICESCR).

The five concluding observations discussed during Legco's question time on June 13 were: (1) the lack of a human rights institution, (2) inadequate protection for workers, (3) a lack of legislation against discrimination based on race, age and sexual orientation, (4) the undemocratic features of elections and (5) the need to formulate anti-poverty strategies.

The government's answers were along the following lines: We're not required. We're consulting. We're educating. We're keeping an open dialogue. We believe our current policies are sufficient.

If the government's current policies were sufficient, the U.N. committee would not have found them wanting. The committee used strong words in criticizing the government's efforts to date, including breach, regret, and grave concern.

Secretary for Justice Elsie Leung Oi-sie stated, "We respect their [the committee's] views, but signatories are allowed to progressively realise the requirements laid down in the treaty according to their own circumstances."

The government is simply wrong in interpreting Article 2 (1) as imposing an obligation to pursue merely a "progressive process" of adopting legislative or administrative measures. This reading is contrary to the committee's interpretation of Article 2 (1), which emphasises that the "progressive" nature of the government's obligations relates only to the realisation of rights, which is quite a different matter.

In interpreting Article 2, the committee has made a distinction between "obligations of conduct" and "obligations of result." The committee has stated in General Comment 3 that, "while the full realization of the relevant rights may be achieved progressively, steps towards that goal must be taken within a reasonably short time after the covenant's entry into force for the States concerned." Mr. Pillay, the member from Mauritius, during the consideration of Hong Kong's report in April, reiterated this theme. He pointed out that the General Comments of the committee had made it abundantly clear that all rights enshrined in the covenant were justiciable and some, including the right to freedom from discrimination on grounds of race and status, must be applied immediately.

The Human Rights Monitor urges the government to reconsider its attitude toward the committee's concluding observations and to further the human rights of the people of Hong Kong.