UNITED NATIONS E Distr.GENERAL Economic and Social Council E/C.12/1/Add.10823 June 2005 Original: ENGLISH COMMITTEE ON ECONOMIC, SOCIALAND CULTURAL RIGHTSThirty-fourth session25 April-13 May 2005 CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLES 16 AND 17 OF THE COVENANT Concluding observations of the Committee onEconomic, Social and Cultural Rights SERBIA AND MONTENEGRO 1.The Committee on Economic, Social and Cultural Rights considered the initial report of Serbia and Montenegro on the implementation of the International Covenant on Economic, Social and Cultural Rights (E/1990/5/Add.61) at its 11th, 12th and 13th meetings, held on 2 and 3 May 2005 (E/C.12/2005/SR.11-13), and adopted, at its 27th meeting held on 13 May 2005, the following concluding observations (see E/C.12/2005/SR.27). A. Introduction 2.The Committee welcomes the submission of the initial report of Serbia and Montenegro, which was prepared in general conformity with the Committee’s guidelines, and the written replies to its list of issues. 3.The Committee welcomes the frank and constructive dialogue with the delegation of the State party, which included representatives from the Republic of Serbia, the Republic of Montenegro and the State Union of Serbia and Montenegro. GE.05-42562 (E) 210705 B. Positive aspects 4.The Committee notes with appreciation that, in accordance with article 16 of the Constitution (2003) of the State Union of Serbia and Montenegro, the Covenant takes precedence over the law of Serbia and Montenegro and that of the Republics, and that the Charter of Human and Minority Rights and Civil Liberties protects many economic, social and cultural rights, including special rights of members of national minorities. 5.The Committee welcomes the establishment of Ombudsperson institutions in the Republic of Montenegro and in the autonomous province of Vojvodina, as well as the current process of adopting a law on the Ombudsperson of Serbia. 6.The Committee notes with appreciation the considerable legislative and policy reforms which have been adopted in the State party, in particular in the Republic of Montenegro, with a view to achieving the enjoyment of economic, social and cultural rights by all, including by disadvantaged and marginalized persons. 7.The Committee notes with satisfaction that the State party supports the adoption of an optional protocol to the International Covenant on Economic, Social and Cultural Rights. C. Factors and difficulties impeding the implementation of the Covenant 8.The Committee recalls that Serbia and Montenegro is undergoing a process of economic and institutional transition and that it is still suffering from the effects of territorial disintegration and armed conflicts throughout the 1990s, which render the full implementation of the Covenant difficult. 9.The Committee takes note of the State party’s explanation about its inability to report on measures adopted and progress made in achieving the observance of the rights recognized in the Covenant with regard to the province of Kosovo and Metohija, where civil authority is exercised by the United Nations Interim Administration Mission in Kosovo (UNMIK) under Security Council resolution 1244 (1999). The State party suggested that the Committee should invite UNMIK to submit to the Committee a supplementary report on the implementation of the Covenant in Kosovo. The Committee, however, calls upon the State party to request the Secretary-General to provide it with information collected by UNMIK, in accordance with paragraph 11 (j) of Security Council resolution 1244 (1999), on the enjoyment in Kosovo since 1999 of the rights recognized in the Covenant and, without prejudice to the legal status of Kosovo, on the basis of such information to supplement its initial report to the Committee. In this regard, the Committee requests the State party, in cooperation with and with assistance from UNMIK and local civil authorities in Kosovo, to submit the additional information with regard to the implementation of the Covenant in Kosovo by 30 June 2006. D. Principal subjects of concern