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
Date: 2016-01-28
Institutions: Directorate-General for Trade and Economic Security, European Commission
Subjects: EU market, common commercial policy, developing countries, development aid, generalised preferences, international convention, sustainable development, tariff preference

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} 

EN 

   EN 

 
 
 
 
  
 
 
JOINT STAFF WORKING DOCUMENT 

THE EU SPECIAL INCENTIVE ARRANGEMENT FOR SUSTAINABLE DEVELOPMENT AND 
GOOD GOVERNANCE ('GSP+') COVERING THE PERIOD 2014 – 2015 

CONTENTS 

1. 

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 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

9.  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 

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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 

4 

 
 
1.  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  preferences1  ("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 
labour  rights,  environmental  protection,  and  good 
conventions  on  human  and 
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 

1 OJ L 303, 31.10.2012, p. 1 

5 

 
                                                 
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%2 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  undertaking3  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+. 

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

8). 

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

21.2.2013, p. 5). 

6 

 
                                                 
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 
Discrimination 

the  Elimination  of  All  Forms  of  Racial 

•  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).4   

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 

4 www.ohchr.org 

7 

 
                                                 
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. 

8 

 
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 
its  concerns  and 
recommendations to the states parties through its concluding observations. 

the  reports,  and  addresses 

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) 

9 

 
•  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: 

10 

 
•  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 

11 

 
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 
the  CBD.  Parties  must  report  on 
to 
implementation every four years.  

implement 

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 

12 

 
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 

13 

 
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").  

14 

 
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 beneficiaries5.  

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.  

5  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. 

15 

 
                                                 
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+6. Armenia, 
Bolivia,  Cape  Verde,  Costa  Rica,  Ecuador,  Georgia,  Mongolia,  Pakistan,  Paraguay  and 
Peru  were  granted  GSP+  benefits  from  1  January  20147,  followed  by  El  Salvador, 
Guatemala and Panama from 28 February 20148, and the Philippines from 25 December 
20149. 

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 201510. 

Costa  Rica,  El  Salvador,  Guatemala,  Panama  and  Peru  will  cease  to  be  GSP+11 
beneficiaries  from  January  2016.  These  countries  have  benefitted  from  a  free  trade 

6 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).  

7 Commission Delegated Regulation (EU) No 1/2014 of 28 August 2013 (OJ L 1, 4.1.2014, p. 1). 
8  Commission  Delegated  Regulation  (EU)  No  182/2014  of  17  December  2013  (OJ  L  57, 

27.2.2014, p. 1). 

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

24.12.2014, p. 33). 

10  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). 

11 Commission Delegated Regulation (EU) No 1015/2014. 

16 

 
                                                 
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 201412.  

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+.  

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

p. 3). 

17 

 
                                                 
2.  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  6th  and  has  urged  the  authorities  to  fully 
investigate 
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  a 

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. 

18 

 
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 
framework  against  discrimination. 
Discrimination  against  minority  religious  and  ethnic  groups,  in  particular  at  the 
19 

legislative  and  enforcement 

 
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. 

20 

 
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 

21 

 
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 
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. 

Institutions 

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 
treatment,  corruption, 
enforcement 

framework  against  use  of 

torture  and 

ill 

22 

 
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. 

23 

 
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 
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.  

improving  workplace  compliance  (with 

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. 

24 

 
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) 

the  Committee  of  Experts  examined  Armenia’s  first  report  on 

In  2011, 
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 

25 

 
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 

26 

 
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 

27 

 
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 
framework  concerning  anti-
compensations.  The 
discrimination and equality also needs to be strengthened.  

institutional  and  enforcement 

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-
28 

 
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 

29 

 
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. 

implementation  of 

Armenia clarified that a domestic legislative framework had been elaborated in order to 
the  Guidance  on 
ensure  proper 
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 
30 

the  convention.  Moreover, 

 
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. 

31 

 
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. 

takes  good  advantage  of 

the  EU  substantial  assistance  on 
Overall,  Armenia 
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 

32 

 
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. 

33 

 
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. 

34 

 
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-

35 

 
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 %). 

36 

 
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

2012

2013

2014

2015 (Q1-2)

Total imports to EU
GSP+ eligible imports
GSP+ preferential imports
GSP+ utilisation rate

273,629
100,117
90,063
89.96%

215,542
74,418
58,239
78.26%

228,616
81,814
59,583
72.83%

143,504
75,896
58,601
77.21%

Trend 2012-
2014

-16.45%
-18.28%
-33.84%
-19.04%  

Figure 2.2 

37 

 
 
 
Figure 2.3 

38 

 
 
 
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. 

39 

 
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 
their  exclusion  and 
vulnerability (13).  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. 

inequalities 

reinforce 

that 

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 (14). 

13http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=12495&LangID=E#

sthash.vIFRKawO.dpuf 

14http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CCPR %2fC

 %2fBOL %2fCO %2f3&Lang=en 

40 

 
                                                 
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 
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. 

them.  Some  of 

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 (15). 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). 

15In  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. 

41 

 
                                                 
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 (16). 

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 %. 

16According to the Law No 548, a revision of the baseline data was due in 2015, but is has been 

postponed to 2016. 

42 

 
                                                 
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. 

43 

 
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 

44 

 
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 

45 

 
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 

46 

 
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. 

47 

 
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 

48 

 
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). 

49 

 
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 (17). 

17http://www.multilateralfund.org/75/English/1/7538.pdf 

50 

 
                                                 
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  CO2  emissions. 
The principal argument of the Bolivian Government is that the main contributors to CO2 
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. 

51 

 
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 (18). 

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 

18The development has been: 31 000 ha (2010), 27 200 ha (2011), 25 300 ha (2012), 23 000 ha 

(2013) and 20 400 ha (2014). 

52 

 
                                                 
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  5th  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.  

53 

 
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 
54 

 
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

2012

2013

2014

2015 (Q1-2)

Total imports to EU
GSP+ eligible imports
GSP+ preferential imports
GSP+ utilisation rate

359,931
59,235
56,699
95.72%

470,195
69,895
68,066
97.38%

518,500
106,278
101,928
95.91%

262,519
36,672
34,573
94.28%

Trend 2012-
2014

44.06%
79.42%
79.77%
0.20%  

Figure 3.2 

55 

 
 
 
 
 
Figure 3.3 

56 

 
 
 
4.  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. 

57 

 
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 

58 

 
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 

59 

 
reproductive rights; gender-based violence; education and vocational training; productive 
in  decision-making  and 
economy,  reproductive  economy;  political  participation 
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. 

60 

 
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. 

61 

 
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. 

62 

 
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 
rehabilitation,  partnerships, 
communication,  awareness,  prevention,  protection, 
international  cooperation, 
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. 

legislative  reform  and  oversight  and 

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 

63 

 
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 (19) 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. 

(19)  IPEC: International Programme on the Elimination of Child Labour. 

64 

 
                                                 
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. 

65 

 
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 201520 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 66th 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. 

20 https://cites.org/sites/default/files/eng/com/sc/66/E-SC66-30-01.pdf 

66 

 
                                                 
 
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 

67 

 
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 

68 

 
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 
69 

 
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

2012

2013

2014

2015 (Q1-2)

Total imports to EU
GSP+ eligible imports
GSP+ preferential imports
GSP+ utilisation rate

55,006
44,882
43,285
96.44%

47,894
45,388
43,754
96.40%

97,322
55,781
54,713
98.09%

27,693
25,410
24,587
96.76%

Trend 2012-
2014

76.93%
24.28%
26.40%
1.71%  

70 

 
Figure 4.2 

Figure 4.3 

71 

 
 
 
5.  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 

72 

 
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. 

73 

 
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. 

74 

 
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 

75 

 
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 

76 

 
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 

77 

 
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. 

78 

 
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 

79 

 
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. 

80 

 
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). 

81 

 
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 

82 

 
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 (21). 

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.  

21http://multilateralfund.org/74/English/1/7426.pdf 

83 

 
                                                 
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 
register  of  all  persons  operating  on  these  substances,  and  controls  manufacturers’  and 
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. 

84 

 
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.  

85 

 
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 (22)  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. 

22Gross national income per capita (GNI) based on purchasing power parity (PPP). 

86 

 
                                                 
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

2012

2013

2014

2015 (Q1-2)

Total imports to EU
GSP+ eligible imports
GSP+ preferential imports
GSP+ utilisation rate

4,285,897
784,421
745,399
95.03%

4,007,151
743,910
637,473
85.69%

3,767,873
872,169
159,623
18.30%

1,256,747
539,347
71,390
13.24%

Trend 2012-
2014

-12.09%
11.19%
-78.59%
-80.74%  

Figure 5.2 

87 

 
 
 
 
 
 
 
 
Figure 5.3 

88 

 
 
6.  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. 

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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 (23). 

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. 

23The 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. 

90 

 
                                                 
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 (24). 

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 

24The  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. 

91 

 
                                                 
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. 

92 

 
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 (25). 

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’. 

25Reservation:  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. 

93 

 
                                                 
 
 
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)26: 

•  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.;  

26  http://www.cancilleria.gob.ec/es/principios-y-propositos-del-ecuador-en-el-nuevo-consejo-de-derechos-

humanos-de-las-naciones-unidas/ 

94 

 
                                                 
•  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 
95 

 
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 

96 

 
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)’. 

97 

 
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 

98 

 
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; 

99 

 
•  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 (27). 

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 

102 

 
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. 

27 

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. 

105 

 
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

2012

2013

2014

Total imports to EU
GSP+ eligible imports
GSP+ preferential imports
GSP+ utilisation rate

2,438,691
1,495,329
1,476,891
98.77%

2,550,390
1,547,694
1,471,451
95.07%

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 

 
 
7.  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. 

108 

 
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 

111 

 
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 

114 

 
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 
115 

 
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, 

117 

 
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 
implementation of a clearing house mechanism (CHM). 

the  biodiversity 

inventories  and 

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 
(Ministry  of 
the  Environmental  Sanitation  Directorate-General 
Environment),  progress  has  been  made  towards  the  safe  disposal  of  pesticide  residues, 

to 

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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 

124 

 
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 

125 

 
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 

126 

 
 
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

2012

2013

2014

2015 (Q1-2)

Total imports to EU
GSP+ eligible imports
GSP+ preferential imports
GSP+ utilisation rate

216,778
84,479
67,483
79.88%

211,561
94,968
67,462
71.04%

169,599
77,027
339
0.44%

83,136
26,520
380
1.43%

Trend 2012-
2014

-21.76%
-8.82%
-99.50%
-99.45%  

Figure 7.2 

127 

 
 
 
Figure 7.3 

128 

 
 
8.  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. 

129 

 
In  2014-2015,  Georgia  made  an  effort  to  catch  up  with  its  reporting  obligations  to  the 
two  reports  remained  overdue:  a 
monitoring bodies of these conventions. However, 
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 

130 

 
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 

131 

 
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 
132 

 
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. 

legislative  amendments  were  adopted,  addressing 

Several 
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. 

133 

 
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. 

134 

 
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. 

135 

 
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. 

136 

 
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 

137 

 
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 

138 

 
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 

139 

 
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 

140 

 
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 

142 

 
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. 

the 

future 

implementation  of 

Regarding 
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. 

the  UNFCCC, 

there  are  several  priorities  with  regards 

Under 
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 

143 

 
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 

144 

 
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. 

145 

 
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 (28).  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. 

28 

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. 

147 

 
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

2012

2013

2014

2015 (Q1-2)

Total imports to EU
GSP+ eligible imports
GSP+ preferential imports
GSP+ utilisation rate

578,394
142,552
126,435
88.69%

658,312
184,891
155,968
84.36%

649,631
224,756
106,428
47.35%

386,737
149,722
6,425
4.29%

Trend 2012-
2014

12.32%
57.67%
-15.82%
-46.61%  

Figure 8.2 

148 

 
 
Figure 8.3 

149 

 
 
9.  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 
levels  of  poverty 
disproportionately  affect  the  indigenous  population,  who  make  up  almost  half  the 
country’s inhabitants. 

indicators  and  high 

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. 

151 

 
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 

the 
Despite 
implementation  of  this  convention  in  Guatemala,  indigenous  communities  remain 

institutional  frameworks (29) 

to  facilitate 

that  exist 

legal  and 

the 

29  Guatemala’s  1985  constitution  recognises,  respects  and  protects  the  cultural  diversity, 
indigenous  communities. 
languages,  culture  and  customs  of  ethnic  groups  and 
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 

152 

 
                                                 
 
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. 

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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. 

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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. 

158 

 
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. 

159 

 
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 

160 

 
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 
161 

 
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. 

162 

 
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. 

163 

 
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. 

164 

 
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 

167 

 
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.  

168 

 
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

2012

2013

2014

2015 (Q1-2)

Total imports to EU
GSP+ eligible imports
GSP+ preferential imports
GSP+ utilisation rate

573,061
281,240
255,929
91.00%

610,600
397,223
350,222
88.17%

685,734
342,628
26,755
7.81%

404,921
155,959
6,374
4.09%

Trend 2012-
2014

19.66%
21.83%
-89.55%
-91.42%  

169 

 
Figure 9.2 

Figure 9.3 

170 

 
 
 
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.  

171 

 
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. 

172 

 
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 
173 

 
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. 

law 

enforcing 

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 
remains  unsatisfactory.  Limited 
agencies, 
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. 

174 

 
 
Future actions and priorities 

it 

in  general 

is  welcoming 

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, 
recommendations. 
knowledge  and  expertise  and 
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 
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.   

regarding 

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. 

175 

 
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. 

176 

 
 
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., 

177 

 
 
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. 

178 

 
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 

179 

 
 
 
 
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). 

180 

 
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 
inter-sectoral  coordination, 
points  and  working  groups  are 
implementation and reporting of each convention and its protocols at the national level. 

in  charge  of 

the 

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 201530 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 

30   https://cites.org/sites/default/files/eng/com/sc/66/E-SC66-30-01.pdf 

181 

 
                                                 
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 
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). 

the  Capacity  Building 

implementation  of 

the 

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. 

183 

 
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 

184 

 
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 

185 

 
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

2012

2013

2014

2015 (Q1-2)

Total imports to EU
GSP+ eligible imports
GSP+ preferential imports
GSP+ utilisation rate

67,034
13,441
12,496
92.97%

69,952
16,051
14,212
88.54%

73,280
16,876
14,482
85.81%

41,355
5,763
4,242
73.60%

Trend 2012-
2014

9.32%
25.56%
15.90%
-7.70%  

186 

 
Figure 10.2 

Figure 10.3 

187 

 
 
 
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 

188 

 
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 (31).  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, 

31 

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 6,00032 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 30033 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 (34). 

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 

32 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. 

33 According the NGO, Human Rights Commission of Pakistan (HRCP). 
34  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 (35).  Fourteen  journalists  and  media 
workers  were  reported  to  have  been  killed  in  Pakistan  in  2014 (36).  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 

35  Reporters Without Borders, Freedom House. 
36  Human Rights Commission of Pakistan, State of Human Rights in 2014, 142. 

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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 (37). 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 

37  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’ (38), 
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 
of 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 (39)  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 

38  Human Rights Commission of Pakistan, State of Human Rights in 2014, 218. 
39  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 (40)  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 (41), 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 

40  Various reports by the Human Rights Commission of Pakistan, the Justice Project Pakistan, 

Amnesty International and Human Rights Watch. 

41  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 

196 

 
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 
levels),  expected 
implementation  (at  federal  and  provincial 
‘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 

197 

 
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. 

198 

 
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 65th 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 201542 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 

42   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 
205 

 
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 

206 

 
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 

207 

 
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 
to  strengthen  decision-making  and 
intensity  of  extreme  climatic  events,  (vii) 
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. 

209 

 
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 

210 

 
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 

211 

 
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. 

212 

 
 
Figure 11.1 

Pakistan - Imports to the EU, 2012-2015

Figures in thousand EUR

2012

2013

2014

2015 (Q1-2)

Total imports to EU
GSP/GSP+ eligible imports
GSP/GSP+ preferential imports
GSP/GSP+ utilisation rate

4,097,966
3,490,945
3,239,461
92.80%

4,506,204
3,853,932
2,633,866
68.34%

5,492,732
4,762,400
4,540,342
95.34%

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 

213 

 
 
 
 
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. 

levels  after 

The  current  main  challenges  are  to  ensure  a  soft  landing  of  the  economy  to  more 
sustainable  growth 
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. 

the  completion  of  major 

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. 

214 

 
•  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 (43). 
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 

43  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 

216 

 
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 
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. 

the  2015-2019  action  plan 

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) 

219 

 
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 

220 

 
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 
training  on  sexual 
harassment,  in  cooperation  with  the  social  partners,  targeting  all  the  actors  involved  as 
well as institutions responsible for rule enforcement. 

to  continue  carrying  out  (awareness-raising) 

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 

222 

 
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  201544  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 

44   https://cites.org/sites/default/files/eng/com/sc/66/E-SC66-30-01.pdf 

224 

 
                                                 
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 
the 
customs  brokers  and  a  project  for  strengthening  national  capacities  for 
environmentally  sound  management  of  electrical  wastes  or  equipment  (WEEE)  will  be 
launched. 

225 

 
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). 

226 

 
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. 

227 

 
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. 

228 

 
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. 

229 

 
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 

230 

 
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. 

231 

 
 
Figure 12.1 

Panama - Imports to the EU, 2012-2015

Figures in thousand EUR

2012

2013

2014

2015 (Q1-2)

Total imports to EU
GSP+ eligible imports
GSP+ preferential imports
GSP+ utilisation rate

400,819
103,344
82,616
79.94%

652,446
112,494
67,169
59.71%

436,396
140,485
8,141
5.80%

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 (45), 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, 

45http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CCPR/C/PR

Y/CO/3&Lang=En 

235 

 
                                                 
Social  and  Cultural  Rights (46),  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 

46http://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. 

is  a  key  challenge.  Taking 

Implementation 
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 201547  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. 

47 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 1st or 3rd 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. 

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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. 

246 

 
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 

trafficking  of  cannabis  and  cocaine, 

Paraguay  is  taking  measures  to  tackle  drug-related  concerns  in  the  country  (cannabis 
production, 
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. 

247 

 
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

2012

2013

2014

2015 (Q1-2)

Total imports to EU
GSP+ eligible imports
GSP+ preferential imports
GSP+ utilisation rate

953,426
26,788
24,579
91.76%

1,163,165
48,019
43,954
91.54%

1,100,046
72,535
69,227
95.44%

483,220
16,017
13,515
84.38%

Trend 2012-
2014

15.38%
170.78%
181.65%
4.02%  

Figure 13.2 

248 

 
 
 
 
Figure 13.2 

249 

 
 
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 

250 

 
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’ (48). 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 (49). 
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 

253 

 
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 (50). 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 (51). 
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. 

50http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CRC %2fC 

51http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CRC %2fC 

%2fPER %2fQ %2f4-5&Lang=en 

%2fPER %2fCO %2f3&Lang=en 

254 

 
                                                 
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 

256 

 
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. 

257 

 
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 

261 

 
 
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. 

263 

 
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’.52. 

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. 

52http://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

Figure 14.3 

2012
6,059,612
1,133,496
1,085,507
95.77%

2013
5,071,923
1,261,292
766,463
60.77%

2014
4,766,620
1,329,832
188,435
14.17%

2015 (Q1-2)

2,376,769
775,092
37,317
4.81%

Trend 2012-
2014

-21.34%
17.32%
-82.64%
-85.20%  

Figure 14.3 

266 

 
 
 
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 (53)). 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 (54).  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 (55). 

In 2010, President Aquino (56) (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 (57)  and  the  administration  has 
introduced  a  bill  to  Congress  (Bangsamoro  Basic  Law)  in  September  2014  which 

53http://www.worldbank.org/en/country/philippines/publication/philippines-accelerating-public-

investment-to-sustain-growth-that-benefits-the-poor 
54http://maps.napc.gov.ph/drupal/articles/poverty-count 
55Commission on Filipinos Overseas, http://www.cfo.gov.ph/ 
56Constitutionally limited to a 6-year term until 2016. 
57The  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 (58) — 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 (59), 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 

58http://www.gmanetwork.com/news/story/89872/news/regions/arroyo-orders-military-to-guard-

mindanao-mining-areas 

59Statement 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’ (60). 

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 (61).  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 (62).  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 (63). 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’. (64) 
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 (65).  The  inclusivity  and  transparency  issues 
surrounding the FPIC process have also been pointed out by the UNSR on the Rights of 
IDPs. 

60http://www.manilatimes.net/5-villagers-slain-by-troops-are-rebels-afp/214351/; 
http://www.rappler.com/nation/103688-5-killed-bukidnon-civilians-npa 

61http://www.rappler.com/nation/104433-school-head-lumad-leaders-killed-surigao-del-sur 
62‘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) 

63See more at: 

http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=16481&LangID=
E#sthash.MXzH2Ui9.dpuf 

64http://www.gmanetwork.com/news/story/94171/news/regions/military-pushing-interim-

65https://www.fidh.org/International-Federation-for-Human-Rights/asia/philippines/Killing-of-

paramilitary-units 

Mr-Jimmy-Liguyon 

270 

 
                                                 
Through the efforts of a project financed by the EU (66), 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 (67).  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 

66‘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). 

67The 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 (68). 

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’ (69). 

(68)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/ 

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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 (70).  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/ 

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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 (71). 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 
tract  cancer,  obstetric  complications  and  menopausal/post-

reproductive 
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 (72). 

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)  2014 Global Gender Gap Report. 
(72)  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’ (73). 

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 (74).  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 (75); 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 

‘Above the Law: Police Torture in the Philippines’, 2014 Amnesty International Report. 

(73) 
(74)  http://www.philstar.com/campus/2014/06/12/1333995/phl-dropout-rates-rising-2007 
(75)  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 (76)  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 (77),  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)  Second National Human Rights Action Plan of the Philippines 2010-2014. 
(77)  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. 

ILO  Committee  of  Experts  on 

the  Application  of  Conventions  and 
The 
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 (78). 

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) (79)  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 (80).  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) 
(80)  2011  Survey  on  Children 

‘Key Findings of Baseline Study on Child Labor in Mining and Plantations’. (EILER, 2015). 
(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 (81). 

Conclusions 

to 

the  current  administration 

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 
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, 

(81)  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 
labelled 
shipments (82).  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). 

the  possibility  of 

illegally 

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 (83) 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

Figure 15.2 

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
5,717,378
1,723,295
1,149,929
66.73%

2015 (Q1-2)

3,257,385
1,084,683
681,001
62.78%

Trend 2012-
2014

11.45%
5.58%
4.43%
-1.09%  

289 

 
 
Figure 15.3 

290 

 
 
16. Annex 

16.1.  Armenia – Treaty Ratification and Reporting  

Convention 

Status of ratification / 
reservations84 

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 

Accession: 23.06.1993 

No country reporting obligations 

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 

Compliant with country reporting obligations 

No reservations 

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 

Compliant with country reporting obligations 

No reservations 

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 

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 

Accession: 13.09.1993 

Compliant with country reporting obligations 

No reservations 

Latest country report submitted on 11.03.2015 

Latest monitoring body report issued on 05.02.2009 

Accession: 13.09.1993 

Compliant with country reporting obligations 

No reservations 

Latest country report submitted on 24.06.2015 

Latest monitoring body report issued on 06.07.2012 

Accession: 23.06.1993  

Compliant with country reporting obligations 

No reservations 

Latest country report submitted on 04.02.2010 

Ratification: 2004 

Compliant with country reporting obligations 

Latest monitoring body report issued on 08.07.2013 

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 2014 

Ratification: 2003 

Compliant with country reporting obligations 

All national country reports submitted 

84 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 

Latest CEACR comments: Observation 2014 

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 

15. Convention concerning 
Minimum Age for 
Admission to Employment, 
No. 182 

Ratification: 1994 

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 

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 

16. CITES 

Accession: 10.04.2008 

No reservations 

All national country reports submitted 

Latest CEACR comments: Direct Request 2011 

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 

Compliant with country reporting obligations 

No reservations 

All country reports submitted.  

18. Basel Convention 

Accession: 01.10.1999 

No reservations 

Most recently, annual data for 2014 was submitted on 
07.04.2015. 

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 

Compliant with country reporting obligations 

No reservations 

All country reports submitted.  

Latest country report submitted on 04.09.2014 (Fifth 
National Report). 

Accession: 14.05.1993 

Compliant with country reporting obligations 

20. UN Framework 
Convention on Climate 
Change 

No reservations 

21. Cartagena Protocol on 

Accession: 30.04.2004   

First National Communication submitted on 04.11.1998.
Second National Communication submitted on 
07.09.2010. 

Lack of compliance with country reporting 
obligations 

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  

Compliant with country reporting obligations 

No reservations 

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 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 

No reservations 

Accession: 13.09.1993 

All country reports submitted 

Monitoring body reviewing is fulfilled by UN Office on 
Drugs and Crime (UNODC).  

No reservations 

Accession: 13.09.1993 

No reservations 

Accession: 13.09.1993 

No reservations 

Accession: 08.03.2007 

All country reports submitted 

No reservations 

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 / 
reservations85 

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 

Ratification: 14.06.2005 

No country reporting obligations 

No reservations 

Ratified: 22.09.1970 

No reservations 

Lack of compliance with country reporting 
obligations 

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 

Compliant with country reporting obligations 

No reservations  

Last country report submitted on 16.08.2011. 

4. International Covenant on 
Economic, Social and 
Cultural Rights 

Accession: 12.08.1982 

No reservations 

Next country report due on 01.11.2018. 

Latest monitoring body report issued on 05.12.2013. 

Lack of compliance with country reporting 
obligations 

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 

Compliant with country reporting obligations 

No reservations 

Last country report submitted on 19.11.2013. 

Latest monitoring body report issued on 28.07.2015. 

Ratification: 12.05.1999 

Compliant with country reporting obligations 

No reservations 

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 

Lack of compliance with country reporting 
obligations 

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 

85 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 

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 

Ratification: 1977 

Compliant with country reporting obligations 

All country reports submitted. 

Latest CEACR comments: Observation 2013; Direct 
Request 2013 

Ratification: 11.06.1997  

Compliant with country reporting obligations 

Minimum age specified: 14 
years  

All country reports submitted. 

Latest CEACR comments: Observation 2015; Direct 
Request 2015. CAS Country Case at ILC 2015. 

Ratification: 06.06.2003 

Compliant with country reporting obligations 

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 

15. Convention concerning 
Minimum Age for 
Admission to Employment, 
No. 182 

16. CITES 

Ratification: 06.07.1979 

All country reports submitted. 

Latest CEACR comments: Observation 2015; Direct 
Request 2015. 

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 

20. UN Framework 
Convention on Climate 
Change 

Ratification: 03.10.1994 

Compliant with country reporting obligations 

Latest country report submitted on 27.03.2015 (Fifth 
National Report). 

Ratification: 03.10.1994 

Compliant with country reporting obligations 

No reservations 

First National Communication submitted on 
16.11.2000. 
Second National Communication submitted on 
02.12.2009. 

21. Cartagena Protocol on 
Biosafety 

Ratification: 22.05.2002 

Lack of compliance with country reporting 
obligations 

No reservations 

22. Stockholm Convention 

Ratification: 03.06.2003 

No reservations 

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. 

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 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 

No reservations 

Accession: 11.01.2013 

All country reports submitted 

Monitoring body reviewing is fulfilled by UN Office 
on Drugs and Crime (UNODC).  

No reservations 

Accession: 20.03.1985 

No reservations 

Ratification: 20.08.1990 

Reservation on coca leaf.86 

Ratification: 05.12.2005 

All country reports submitted 

No reservations 

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. 

86  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 / 
reservations87 

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 

Ongoing 

No country reporting obligations 

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 

Lack of compliance with country reporting 
obligations 

No reservations 

4. International Covenant on 
Economic, Social and 
Cultural Rights 

Ratified: 06.08.1993 

No reservations 

Initial country report not submitted. 

Latest monitoring body report issued on 23.04.2012. 

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 

Compliant with country reporting obligations 

No reservations 

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 

Ratified: 04.06.1992 

No reservations 

Lack of compliance with country reporting 
obligations 

No country reports submitted. 

7. Convention on the Rights 
of the Child 

Ratified: 04.06.1992 

Lack of compliance with country reporting 
obligations 

No reservations 

Four country reports due. 

8. Convention concerning 
Forced or Compulsory 
Labour, No. 29 

Latest monitoring body report issued on 07.11.2001. 

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 

87 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 

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 

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 

Ratification: 1979 

Compliant with country reporting obligations 

All country reports submitted. 

Latest CEACR comments: Direct Request 2013 

Ratification: 2011  

Compliant with country reporting obligations 

Minimum age specified: 15 
years  

Latest country report submitted out of sequence: report 
due in 2014 submitted in 2015. 

Latest CEACR comments: Direct Request 2015. 

Ratification: 2001 

Compliant with country reporting obligations 

16. CITES 

Accession: 10.08.2005 

All country reports submitted. 

Latest CEACR comments: Observation 2015; Direct 
Request 2015. 

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 

Compliant with country reporting obligations 

No reservations 

All country reports submitted.  

Most recently, annual data for 2014 was submitted on 
24.03.2015. 

18. Basel Convention 

Accession: 02.07.1999  

Compliant with country reporting obligations 

No reservations 

Last country report submitted on 26.11.2014 (2013 
National Report).  

19. Convention on 

Ratification: 29.03.1995 

Lack of compliance with country reporting 

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 

Compliant with country reporting obligations 

No reservations 

First National Communication submitted on 
13.11.2000. 
Second National Communication submitted on 
21.10.2011. 

21. Cartagena Protocol on 
Biosafety 

Ratification: 01.11.2005 

Lack of compliance with country reporting 
obligations 

No reservations 

22. Stockholm Convention 

Accession: 01.03.2006 

No reservations 

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. 

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 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 

No reservations 

Accession: 24.05.1990 

All country reports submitted 

Monitoring body reviewing is fulfilled by UN Office 
on Drugs and Crime (UNODC).  

No reservations 

Accession: 24.05.1990 

No reservations 

Accession: 08.05.1993 

No reservations 

Ratification: 23.04.2008 

All country reports submitted 

No reservations 

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 / 
reservations88 

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 

Ratified: 1950 

No country reporting obligations 

No reservations 

Ratified: 1967 

Compliant with country reporting obligations 

Made a Declaration on 
08.01.1974 on the 
competence of the 
Committee on the 
Elimination of Racial 
Discrimination. 

All country reports submitted. 

Latest country report submitted 17.01.2014. 

Latest monitoring body report issued on 25.09.2015. 

3. International Covenant on 
Civil and Political Rights 

Ratified: 1968 

Compliant with country reporting obligations 

No reservations 

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 

Compliant with country reporting obligations 

No reservations 

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 

Compliant with country reporting obligations 

No reservations 

All country reports submitted. 

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. 

Latest country report submitted 22.09.2015. 

Latest monitoring body report issued on 29.07.2011. 

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 

Compliant with country reporting obligations 

No reservations 

All country reports submitted. 

Latest country report submitted 27.04.2009. 

88 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. 

Ratification: 1960 

Compliant with country reporting obligations 

All country reports submitted. 

Latest CEACR comments: Direct Request 2015. 

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 

Ratification: 1962 

Compliant with country reporting obligations 

All country reports submitted. 

Latest CEACR comments: Direct Request 2013 

Ratification: 1976  

Compliant with country reporting obligations 

Minimum age specified: 15 
years  

All country reports submitted. 

Latest CEACR comments: Observation 2015; Direct 
Request 2015 

Ratification: 2001 

Compliant with country reporting obligations 

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 

15. Convention concerning 
Minimum Age for 
Admission to Employment, 
No. 182 

16. CITES 

Ratification: 30.06.1975 

No reservations  

Costa Rica did not agree on 
the Bonn Amendment 
(introducing financial 
changes). 

All country reports submitted. 

Latest CEACR comments: Observation 2015; Direct 
Request 2015 

Lack of compliance with country reporting 
obligations 

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. 

17. Montreal Protocol 

Accession: 30.07.1991 

Compliant with country reporting obligations 

No reservations 

All country reports submitted.  

Most recently, annual data for 2014 was submitted on 

301 

 
 
 
 
 
18. Basel Convention 

Ratification: 07.03.1995  

Compliant with country reporting obligations 

No reservations 

All country reports submitted.  

17.09.2015. 

19. Convention on 
Biological Diversity 

Ratification: 26.08.1994 

Compliant with country reporting obligations 

No reservations 

All country reports submitted.  

Latest country report submitted on 16.12.2014 (2013 
National Report). 

20. UN Framework 
Convention on Climate 
Change 

Latest country report submitted on 01.05.2015 (Fifth 
National Report). 

Ratification: 1999 

Compliant with country reporting obligations 

No reservations 

First National Communication submitted on 
18.11.2000. 
Second National Communication submitted on 
07.10.2009. 
Third National Communication submitted on 
11.12.2014. 

21. Cartagena Protocol on 
Biosafety 

Ratification: 06.02.2007 

Lack of compliance with country reporting 
obligations 

No reservations 

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 

Compliant with country reporting obligations 

No reservations 

All country reports submitted. 

Last country report submitted on 10.12.2014 (Third 
Round National Report). 

23. Kyoto Protocol 

Ratification: 09.08.2002 

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 

No reservations 

Participation: 07.05.1970 

All country reports submitted  

Monitoring body reviewing is fulfilled by UN Office 
on Drugs and Crime (UNODC).  

No reservations 

Ratification: 16.02.1977 

No reservations 

Accession: 08.02.1991 

No reservations 

Ratification: 21.03.2007 

All country reports submitted 

No reservations 

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 / 
reservations89 

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 

Ratified: 1950 

No country reporting obligations 

No reservations 

Ratified 

Compliant with country reporting obligations 

No reservations 

All country reports submitted. 

3. International Covenant on 
Civil and Political Rights 

Ratified 

Last country report submitted 16.02.2012. 

Next country report due 30.11.2017. 

Latest monitoring body report issued on 22.10.2012. 

Compliant with country reporting obligations 

No reservations 

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 

Compliant with country reporting obligations 

No reservations 

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 

Compliant with country reporting obligations 

No reservations 

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 

Ratified 

Compliant with country reporting obligations 

No reservations 

Last country report submitted 07.08.2015. 

7. Convention on the Rights 
of the Child 

Ratified 

Latest monitoring body report issued on 20.01.2011. 

Compliant with country reporting obligations 

No reservations 

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. 

89 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 

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 

15. Convention concerning 
Minimum Age for 
Admission to Employment, 
No. 182 

Ratification: 1954 

Compliant with country reporting obligations 

All country reports submitted. 

Latest CEACR comments: Direct Request 2015 

Ratification: 1967 

Compliant with country reporting obligations 

All country reports submitted. 

Latest CEACR comments: Observation 2015; Direct 
Request 2015  

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 

Ratification: 2000  

Compliant with country reporting obligations 

Minimum age specified: 15 
years  

All country reports submitted. 

Latest CEACR comments: Direct Request 2015 

Ratification: 2000 

Compliant with country reporting obligations 

16. CITES 

Ratification: 11.02.1975 

No reservations 

All country reports submitted. 

Latest CEACR comments: Observation 2015; Direct 
Request 2015 

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 

Compliant with country reporting obligations 

No reservations 

All country reports submitted.  

18. Basel Convention 

Ratification: 23.02.1993  

No reservations 

Most recently, annual data for 2014 was submitted on 
28.04.2015. 

Lack of compliance with country reporting 
obligations 

National country reports for 2010, 2011, 2012 and 

304 

 
 
 
 
19. Convention on 
Biological Diversity 

Ratification: 23.02.1993 

Compliant with country reporting obligations 

No reservations 

All country reports submitted.  

2013 are due. 

Latest country report submitted on 31.03.2014 (Fifth 
National Report). 

20. UN Framework 
Convention on Climate 
Change 

Ratification: 23.02.1993  

Compliant with country reporting obligations 

No reservations 

First National Communication submitted on 
15.11.2000. 
Second National Communication submitted on 
02.05.2012. 

21. Cartagena Protocol on 
Biosafety 

Ratification: 30.01.2003 

Lack of compliance with country reporting 
obligations 

No reservations 

22. Stockholm Convention 

Ratification: 07.06.2004 

No reservations 

Last country report submitted on 13.11.2015 (Third 
National Report). 

Interim National Report (2005) due.  

Lack of compliance with country reporting 
obligations 

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 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 

No reservations 

Accession: 14.01.1964 

All country reports submitted  

Monitoring body reviewing is fulfilled by UN Office 
on Drugs and Crime (UNODC).  

No reservations 

Accession: 07.09.1973 

No reservations 

Ratification: 23.03.1990 

No reservations 

Ratification: 15.09.2005 

All country reports submitted 

No reservations 

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 / 
reservations90 

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 

Ratified: 1950 

No country reporting obligations 

No reservations 

Ratified 

Compliant with country reporting obligations 

No reservations 

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 

Lack of compliance with country reporting 
obligations 

Reservation regarding the 
competence of the Human 
Rights Committee 

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 

Compliant with country reporting obligations 

No reservations 

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 

Compliant with country reporting obligations 

Reservation regarding the 
application of Article 29, 
paragraph 1 

All country reports submitted. 

Last country report submitted 11.05.2015. 

6. Convention against 
Torture and other Cruel, 
Inhuman or Degrading 
Treatment or Punishment 

Ratified: 17.06.1996 

No reservations 

Latest monitoring body report issued on 07.11.2008. 

Lack of compliance with country reporting 
obligations 

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 

90 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. 

Ratification: 1995 

Compliant with country reporting obligations 

All country reports submitted. 

Latest CEACR comments: Direct Request 2015. 

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. 

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 

Ratification: 1996  

Compliant with country reporting obligations 

Minimum age specified: 14 
years  

All country reports submitted. 

Latest CEACR comments: Direct Request 2015 

Ratification: 2000 

Compliant with country reporting obligations 

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 

15. Convention concerning 
Minimum Age for 
Admission to Employment, 
No. 182 

16. CITES 

Accession: 30.04.1987 

No reservations 

All country reports submitted. 

Latest CEACR comments: Observation 2015; Direct 
Request 2015 

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.  

18. Basel Convention 

Ratification: 13.12.1991  

No reservations 

Most recently, annual data for 2014 was submitted on 
01.05.2015. 

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 

Compliant with country reporting obligations 

No reservations 

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 

Compliant with country reporting obligations 

No reservations 

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 

Lack of compliance with country reporting 
obligations 

No reservations 

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 

Compliant with country reporting obligations 

No reservations 

All country reports submitted. 

Last country report submitted on 01.09.2014 (Third 
Round National Report). 

23. Kyoto Protocol 

Ratification: 30.11.1998 

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 

No reservations 

Ratification: 26.02.1998 

All country reports submitted 

Monitoring body reviewing is fulfilled by UN Office 
on Drugs and Crime (UNODC).  

No reservations 

Accession: 11.06.1998 

No reservations 

Accession: 21.05.1993 

No reservations 

Ratification: 01.07.2004 

All country reports submitted 

No reservations 

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 / 
reservations91 

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 

3. International Covenant on 
Civil and Political Rights 

Accession: 11.10.1993 

No country reporting obligations 

No reservations 

Accession: 02.07.1999 

Compliant with country reporting obligations 

No reservations 

Latest country report submitted on 03.07.2014.  

Latest monitoring body report issued on 20.09.2011. 

Accession: 25.01.1994 

Compliant with country reporting obligations 

No reservations 

Last country report was submitted on 26.06.2012.  

4. International Covenant on 
Economic, Social and 
Cultural Rights 

Accession: 25.01.1994 

No reservations 

Next country report will be due by 31.07.2019. 

Latest monitoring body report issued on 18.08.2014. 

Lack of compliance with country reporting 
obligations 

Georgia's latest country report (3rd 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 

6. Convention against 
Torture and other Cruel, 
Inhuman or Degrading 
Treatment or Punishment 

Accession: 22.09.1994 

Compliant with country reporting obligations 

No reservations 

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. 

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 

Compliant with country reporting obligations 

No reservations 

Latest country report was submitted in December 2014 
and not yet examined by the monitoring body.  

8. Convention concerning 
Forced or Compulsory 
Labour, No. 29 

Latest monitoring body report issued on 23.06.2008. 

Ratification: 1993 

Compliant with country reporting obligations 

All national country reports submitted.  

Latest CEARC comments: Direct Request 2013 

91 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 

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 

15. Convention concerning 
Minimum Age for 
Admission to Employment, 
No. 182 

Ratification: 1999 

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 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 

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, 
Observation 2013 

Ratification: 2002 

Compliant with country reporting obligations 

All national country reports submitted 

Latest CEACR comments: Direct Request 2013 

16. CITES 

Accession: 13.09.1996 

Compliant with country reporting obligations 

No reservations 

All country reports submitted. 

17. Montreal Protocol 

Accession: 21.03.1996 

Compliant with country reporting obligations 

No reservations 

All country reports submitted.  

Latest country report (Annual Report) submitted on 
28.10.2015. 

Most recently, annual data for 2014 was submitted on 
31.03.2015. 

18. Basel Convention 

Accession: 20.05.1999 

Compliant with reporting obligation 

No reservations 

All country reports submitted. 

Latest country report submitted 22.01.2015 (2013 

310 

 
 
 
 
 
 
 
 
19. Convention on 
Biological Diversity 

Accession: 02.06.1994 

Compliant with country reporting obligations 

No reservations 

All country reports submitted.  

Annual Report). 

20. UN Framework 
Convention on Climate 
Change 

Georgia made a declaration 
to the CBD at accession.92  

Latest country report submitted on 10.06.2015 (Fifth 
National Report). 

Accession: 29.07.1994 

Compliant with country reporting obligations 

No reservations 

First National Communication submitted on 
10.08.1999. 
Second National Communication submitted on 
02.10.2009.  

21. Cartagena Protocol on 
Biosafety 

Accession: 04.11.2008 

Compliant with country reporting obligations 

No reservations 

All country reports submitted.  

Last country report submitted on 05.11.2015 (Third 
National Report).  

22. Stockholm Convention 

Ratification: 04.10.2006 

Compliant with country reporting obligations 

No reservations 

All country reports submitted.  

Last country report submitted on 03.09.2014 (Third 
Round National Report). 

23. Kyoto Protocol 

Accession: 16.06.1999 

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 

No reservations 

Accession: 27.03.2000 

All country reports submitted 

Monitoring body reviewing is fulfilled by UN Office 
on Drugs and Crime (UNODC).  

No reservations 

Accession: 08.01.1998 

No reservations 

Accession: 08.01.1998 

No reservations 

Accession: 04.11.2008 

All country reports submitted 

Georgia made a reservation 
to this Convention.93  

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. 

92  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). 

93 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 / 
reservations94 

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 

Ratified 

No country reporting obligations 

No reservations 

Ratified 

Compliant with country reporting obligations 

No reservations 

All country reports submitted. 

3. International Covenant on 
Civil and Political Rights 

Accession 

Last country report submitted 12.05.2013. 

Next country report due 20.12.2017. 

Compliant with country reporting obligations 

No reservations 

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 

Compliant with country reporting obligations 

No reservations 

All country reports submitted. 

5. Convention on the 
Elimination of All Forms of 
Discrimination against 
Women 

Ratified 

No reservations 

Last country report submitted 16.12.2011. 

Next country report due 30.11.2019. 

Latest monitoring body report issued on 08.12.2014. 

Lack of compliance with country reporting 
obligations 

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 

Compliant with country reporting obligations 

Reservations made, but later 
withdrawn 

Last country report submitted 05.01.2012. 

Next country report due 31.05.2017. 

7. Convention on the Rights 
of the Child 

Ratified 

Latest monitoring body report issued on 24.06.2013.  

Compliant with country reporting obligations 

No reservations 

Latest country report due on 01.10.2015. 

Last country report submitted 14.04.2008. 

Latest monitoring body report issued on 25.10.2010. 

94 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 

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 

15. Convention concerning 
Minimum Age for 
Admission to Employment, 
No. 182 

Ratification: 1989 

Compliant with country reporting obligations 

All country reports submitted. 

Latest CEACR comments: Direct Request 2013. 

Ratification: 1952 

Compliant with country reporting obligations 

All country reports submitted. 

Latest CEACR comments: Observation 2015. Country 
Case at ILC 2015. 

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 

Ratification: 1960 

Compliant with country reporting obligations 

All country reports submitted. 

Latest CEACR comments: Observation 2014; Direct 
Request 2014 

Ratification: 1990  

Compliant with country reporting obligations 

Minimum age specified: 14 
years  

All country reports submitted. 

Latest CEACR comments: Observation 2013, Direct 
Request 2013 

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 

Lack of compliance with reporting obligations 

No reservations 

Guatemala did not agree on 
the Bonn Amendment 
(introducing financial 
changes). 

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 

Compliant with country reporting obligations 

No reservations 

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  

Compliant with country reporting obligations 

No reservations 

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 

Compliant with country reporting obligations 

No reservations 

First National Communication submitted on 
01.02.2002. 

21. Cartagena Protocol on 
Biosafety 

Ratification: 28.10.2004 

Lack of compliance with country reporting 
obligations 

No reservations 

22. Stockholm Convention 

Ratification: 30.07.2008 

No reservations 

Last country report submitted on 01.11.2015 (Third 
National Report). 

First National Report (2005) due.  

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 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 

No reservations 

Ratification: 01.12.1967 

All country reports submitted  

Monitoring body reviewing is fulfilled by UN Office 
on Drugs and Crime (UNODC).  

No reservations 

Accession: 13.08.1979 

No reservations 

Ratification: 28.02.1991 

No reservations 

Ratification: 03.11.2006 

All country reports submitted 

No reservations 

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 / 
reservations95 

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 

Ratified 

No country reporting obligations 

No reservations 

Ratified 

Compliant with country reporting obligations 

No reservations 

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 

Lack of compliance with country reporting 
obligations 

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 

Compliant with country reporting obligations 

No reservations 

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 

Ratified 

Compliant with country reporting obligations 

No reservations 

Latest country report submitted on 11.12.2014. 

Latest monitoring body report issued on 07.11.2008. 

Ratified 

Compliant with country reporting obligations 

No reservations 

Latest country report submitted on 23.03.2015. 

7. Convention on the Rights 
of the Child 

Ratified 

Latest monitoring body report issued on 20.01.2011. 

Compliant with country reporting obligations 

No reservations 

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 

95 Reservations do not apply in the ILO system, so there is no relevance to providing information 

on reservations under each of these conventions. 

316 

 
 
 
 
                                                 
Ratification: 1969 

Compliant with country reporting obligations 

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 

12. Convention concerning 
the Abolition of Forced 
Labour, No. 105 

Ratification: 2005 

Last country report submitted in September 2015 (out 
of cycle, as initially due in 2014). 

Latest CEACR comments: Direct Request 2008 

Lack of compliance with country reporting 
obligations  

Latest country report due in 2013.  

Latest CEACR comments: Observation 2015, Direct 
Request 2015 

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 

Ratification: 2001 

Lack of compliance with country reporting 
obligations 

15. Convention concerning 
Minimum Age for 
Admission to Employment, 
No. 182 

16. CITES 

Accession: 05.01.1996 

No reservations 

Latest country report due in September 2015. 

Latest CEACR comments: Direct Request 2015 

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 

Compliant with country reporting obligations 

No reservations 

All country reports submitted.  

Most recently, annual data for 2014 was submitted on 
10.05.2015. 

18. Basel Convention 

Ratification: 15.04.1997  

Lack of compliance with country reporting 
obligations 

No reservations 

National Reports are due for 2007, 2008, 2009, 2010, 
2011, 2012, and 2013. 

19. Convention on 
Biological Diversity 

Ratification: 30.09.1993  

Compliant with country reporting obligations 

No reservations 

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 

Compliant with country reporting obligations 

No reservations 

First National Communication submitted 01.11.2001. 
Second National Communication submitted 
10.12.2010. 

21. Cartagena Protocol on 
Biosafety 

Ratification: 22.07.2003 

Lack of compliance with country reporting 
obligations 

No reservations 

22. Stockholm Convention 

Ratification: 30.04.2004 

No reservations 

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.  

Lack of compliance with country reporting 
obligations 

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 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 

No reservations 

Accession: 06.05.1991 

All country reports submitted 

Monitoring body reviewing is fulfilled by UN Office 
on Drugs and Crime (UNODC).  

No reservations 

Accession: 15.12.1999 

No reservations 

Accession: 25.06.2003 

No reservations 

Ratification: 11.01.2006 

All country reports submitted 

No reservations 

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 / 
reservations96 

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 

3. International Covenant on 
Civil and Political Rights 

4. International Covenant on 
Economic, Social and 
Cultural Rights 

5. Convention on the 
Elimination of All Forms of 
Discrimination against 
Women 

Ratified: 12.10.1957 

No country reporting obligations 

No reservations 

Ratified: 21.09.1966 

Compliant with country reporting obligations 

No reservations 

Latest country report submitted on 02.11.2015. 

Latest monitoring body report issued on 15.03.2009. 

Ratified: 23.06.2010 

Compliant with country reporting obligations 

Reservations made at 
ratification, of which two 
remain, on Articles 3 and 
2597 

Latest country report submitted on 19.10.2015. 

Ratified: 17.04.2008 

Compliant with country reporting obligations 

Reservation made98 

Latest country report submitted on 16.10.2015. 

Ratified: 12.03.1996 

Compliant with country reporting obligations 

Accession subject to the 
provisions of the Pakistan 
constitution  

Reservation to Article 29 

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 

Compliant with country reporting obligations 

Reservations made at 
ratification, of which 
reservations to Articles 8, 

Latest country report submitted on 04.01.2016 (First 
Report). 

96 Reservations do not apply in the ILO system, so there is no relevance to providing information 

on reservations under each of these conventions. 

97 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.  

98 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.' 

99 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 remain99 

7. Convention on the Rights 
of the Child 

Ratified: 12.11.1990 

Compliant with country reporting obligations 

No reservations 

Last country report submitted on 23.05.2014. 

Latest monitoring body report issued on 15.09.2009. 

Ratification: 1957 

Compliant with country reporting obligations  

All country reports submitted. 

Latest CEACR comments: Observation 2014; Direct 
Request 2014 

Ratification: 1951 

Compliant with country reporting obligations  

All country reports submitted. 

Latest CEACR comments: Observation 2013; Direct 
Request 2013 

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 

Ratification: 1961 

Compliant with country reporting obligations  

All country reports submitted. 

Latest CEACR comments: Observation 2012; Direct 
Request 2012 

Ratification: 2006  

Compliant with country reporting obligations  

Minimum age specified: 14 
years 

All country reports submitted. 

Latest CEACR comments: Observation 2014; Direct 
Request 2014 

Ratification: 2001 

Compliant with country reporting obligations  

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 

15. Convention concerning 
Minimum Age for 
Admission to Employment, 
No. 182 

16. CITES 

Accession: 20.04.1976 

No reservations 

All country reports submitted.   

Latest CEACR comments: Observation 2014; Direct 
Request 2014 

Lack of compliance with country reporting 
obligations  

Last country report submitted on 03.02.2015 (Annual 
Report for 2014). 

Country reports (Biennial Reports) due for 2003-04, 

320 

 
 
17. Montreal Protocol 

Accession: 18.12.1992 

Compliant with country reporting obligations 

No reservations 

All country reports submitted.  

2005-06, and 2009-10. 

18. Basel Convention 

Ratification: 26.07.1994 

No reservations 

Most recently, annual data for 2014 was submitted on 
30.04.2015. 

Lack of compliance with country reporting 
obligations 

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  

Compliant with country reporting obligations  

No reservations 

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 

Compliant with country reporting obligations 

No reservations 

First National Communication submitted on 
15.11.2003. 

21. Cartagena Protocol on 
Biosafety 

Ratification: 02.03.2009 

No reservations 

Lack of compliance with country reporting 
obligations  

22. Stockholm Convention 

Ratification: 17.04.2008 

No reservations 

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.  

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: 11.01.2005 

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 

No reservations 

Ratification: 09.07.1965 

All country reports submitted  

Monitoring body reviewing is fulfilled by UN Office 
on Drugs and Crime (UNODC).  

No reservations 

Accession: 09.06.1977 

No reservations 

Ratification: 25.10.1991 

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 / 
reservations100 

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 

3. International 
Covenant on Civil 
and Political 
Rights 

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 

Ratified: 1950 

No country reporting obligations 

No reservations 

Ratified: 1967 

Lack of compliance with country reporting obligations 

No reservations 

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. 

Ratified: 1977 

Lack of compliance with country reporting obligations 

No reservations 

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. 

Ratified: 1977 

Lack of compliance with country reporting obligations 

No reservations 

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. 

Ratified: 1981 

Lack of compliance with country reporting obligations 

No reservations 

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. 

Ratified: 1987 

Compliant with country reporting obligations 

Declaration 
made101 

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. 

101 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.' 

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. 

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  

Compliant with country reporting obligations 

Minimum age 
specified: 14 
years102 

All country reports submitted. 

Latest CEACR comments: Direct Request 2015 

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 

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 

Compliant with country reporting obligations 

No reservations 

All country reports submitted.  

18. Basel 
Convention 

Ratification: 
22.02.1991 

No reservations 

19. Convention on 
Biological 
Diversity 

Ratification: 
30.09.1993  

No reservations 

20. UN 
Framework 
Convention on 
Climate Change 

Ratification: 
17.01.1995 

No reservations 

21. Cartagena 
Protocol on 
Biosafety 

Ratification: 
01.05.2002 

No reservations 

Most recently, annual data for 2014 was submitted on 12.05.2015. 

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.  

Compliant with country reporting obligations 

All country reports submitted.  

Last country report submitted on 07.11.2014 (Fifth National Report) 

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 

Not fully Compliant with country reporting obligations 

No reservations 

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 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 

No reservations 

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 

paragraphs 1 and 2 

27. UN 
Convention 
against Corruption 

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 / 
reservations103 

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 

3. International Covenant on 
Civil and Political Rights 

Ratified: 14.06.2005 

No country reporting obligations 

No reservations 

Ratified: 18.08.2003 

Compliant with country reporting obligations 

No reservations 

Last country report submitted on 20.10.2015. 

Latest monitoring body report issued on 12.09.2011. 

Ratified: 10.06.1992 

Compliant with country reporting obligations 

No reservations 

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 

Compliant with country reporting obligations 

No reservations 

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 

Compliant with country reporting obligations 

No reservations 

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  

Lack of compliance with country reporting 
obligations 

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 

Compliant with country reporting obligations 

No reservations 

All country reports submitted.  

Last country report submitted on 20.03.2008.  

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. 

Ratification: 1967 

Compliant with country reporting obligations  

All country reports submitted. 

Latest CEACR comments: Observation 2014; Direct 
Request 2014 

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 

Ratification: 1967 

Compliant with country reporting obligations  

All country reports submitted. 

Latest CEACR comments: Direct Request 2012 

Ratification: 2004  

Compliant with country reporting obligations  

Minimum age specified: 14 
years 

All country reports submitted. 

Latest CEACR comments: Observation 2014; Direct 
Request 2014 

Ratification: 2001 

Compliant with country reporting obligations  

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 

15. Convention concerning 
Minimum Age for 
Admission to Employment, 
No. 182 

16. CITES 

Ratification: 15.11.1976 

No reservations 

All country reports submitted. 

Latest CEACR comments: Observation 2014; Direct 
Request 2014 

Lack of compliance with country reporting 
obligations  

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 

Compliant with country reporting obligations 

No reservations 

All country reports submitted.  

Most recently, annual data for 2014 was submitted on 

328 

 
 
18. Basel Convention 

Ratification: 28.09.1995 

No reservations 

26.02.2015. 

Lack of compliance with country reporting 
obligations 

Country reports (Annual Reports) for 2007, 2008, 
2009, 2012, and 2013 are due. 

19. Convention on 
Biological Diversity 

Ratification: 24.02.1994  

No reservations 

Lack of compliance with country reporting 
obligations 

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 

Compliant with country reporting obligations 

No reservations 

First National Communication submitted on 
10.04.2002. 
Second National Communication submitted on 
08.12.2011. 

21. Cartagena Protocol on 
Biosafety 

Ratification: 10.03.2004 

No reservations 

Lack of compliance with country reporting 
obligations 

22. Stockholm Convention 

Ratification: 01.04.2004 

No reservations 

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. 

Lack of compliance with country reporting 
obligations 

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 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 

No reservations 

Ratification: 03.02.1972 

All country reports submitted  

Monitoring body reviewing is fulfilled by UN Office 
on Drugs and Crime (UNODC).  

No reservations 

Ratification: 03.02.1972 

No reservations 

Ratification: 23.08.1990 

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. 

Peru – Treaty Ratification and Reporting  

Convention 

Status of ratification / 
reservations104 

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 

Ratified: 24.02.1960 

No country reporting obligations 

No reservations 

Ratified: 29.09.1971 

Compliant with country reporting obligations 

No reservations 

All country reports submitted.  

Last country report submitted on 23.04.2013. 

Latest monitoring body report issued on 24.09.2014. 

3. International Covenant on 
Civil and Political Rights 

Ratified: 28.04.1978 

Compliant with country reporting obligations 

No reservations 

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 

Compliant with country reporting obligations 

No reservations 

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 

Compliant with country reporting obligations 

No reservations 

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 

Compliant with country reporting obligations 

No reservations  

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 

Compliant with country reporting obligations 

No reservations 

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. 

Ratification: 1960 

Compliant with country reporting obligations  

All country reports submitted. 

Latest CEACR comments: Observation 2014; Direct 
Request 2014 

Ratification: 1960 

Compliant with country reporting obligations  

All country reports submitted. 

Latest CEACR comments: Observation 2013; Direct 
Request 2013 

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 

Ratification: 1970 

Compliant with country reporting obligations  

All country reports submitted. 

Latest CEACR comments: Observation 2015; Direct 
Request 2015 

Ratification: 2002  

Compliant with country reporting obligations  

Minimum age specified: 14 
years 

All country reports submitted. 

Latest CEACR comments: Observation 2014; Direct 
Request 2014 

Ratification: 2002 

Latest CEACR comments: Observation 2013; Direct 
Request 2013 

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 

15. Convention concerning 
Minimum Age for 
Admission to Employment, 
No. 182 

16. CITES 

Ratification: 27.06.1975 

Lack of compliance with country reporting 
obligations 

No reservations 

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 

Compliant with country reporting obligations 

No reservations 

All country reports submitted.  

Most recently, annual data for 2014 was submitted on 

331 

 
 
18. Basel Convention 

Ratification: 23.11.1993 

No reservations 

27.04.2015. 

Lack of compliance with country reporting 
obligations 

Country reports (Annual Reports) are due for 2007, 
2008, 2009, 2010, 2011, 2012 and 2013. 

19. Convention on 
Biological Diversity 

Ratification: 07.06.1993  

Compliant with country reporting obligations 

No reservations 

All country reports submitted.  

Last country report submitted on 02.10.2014 (Fifth 
National Report). 

20. UN Framework 
Convention on Climate 
Change 

Ratification: 1994 

Compliant with country reporting obligations 

No reservations 

First National Communication submitted on 
21.08.2001. 
Second National Communication submitted on 
28.09.2010. 

21. Cartagena Protocol on 
Biosafety 

Ratification: 14.04.2004 

Compliant with reporting obligations.  

No reservations 

All national country reports submitted.  

22. Stockholm Convention 

Ratification: 14.09.2005 

No reservations 

Last country report submitted on 01.10.2015 (Third 
National Report). 

Lack of compliance with country reporting 
obligations 

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 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 

No reservations 

Ratification: 22.07.1964 

All country reports submitted  

Monitoring body reviewing is fulfilled by UN Office 
on Drugs and Crime (UNODC).  

No reservations 

Accession: 28.01.1980 

No reservations 

Ratification: 16.06.1992 

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 / 
reservations105 

Compliance with reporting obligations to 
monitoring bodies 

1. Convention on the 
Prevention and Punishment 
of the Crime of Genocide 

Ratified: 07.07.1950 

No country reporting obligations 

Reservations on Articles 4, 
6, 7, 9 

2. International Convention 
on the Elimination of All 
Forms of Racial 
Discrimination 

Ratified: 15.09.1967 

No reservations 

Lack of compliance with country reporting 
obligations 

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 

Compliant with country reporting obligations 

No reservations 

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 

Compliant with country reporting obligations 

No reservations 

Last country report submitted 25.11.2014. 

Ratified: 05.08.1981 

Compliant with country reporting obligations 

No reservations 

Last country report submitted on 16.01.2015.  

Latest monitoring body report issued on 28.08.2006. 

Ratified: 18.06.1986 

Compliant with country reporting obligations 

No reservations  

Last country report submitted on 25.11.2014.  

Latest monitoring body report issued on 29.05.2009. 

Ratified: 21.08.1990 

Compliant with country reporting obligations 

No reservations 

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 

105 Reservations do not apply in the ILO system, so there is no relevance to providing information 

on reservations under each of these conventions. 

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Request 2014 

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 

Ratification: 1960 

Compliant with country reporting obligations  

All country reports submitted. 

Latest CEACR comments: Observation 2011; Direct 
Request 2011 

Ratification: 1998  

Compliant with country reporting obligations  

Minimum age specified: 15 
years 

All country reports submitted. 

Latest CEACR comments: Observation 2014; Direct 
Request 2014 

Ratification: 2000 

Compliant with country reporting obligations  

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 

15. Convention concerning 
Minimum Age for 
Admission to Employment, 
No. 182 

16. CITES 

Ratification: 18.08.1981. 

The Philippines has not 
agreed to the Bonn 
Amendment (on financial 
provisions) 

All country reports submitted. 

Latest CEACR comments: Observation 2014; Direct 
Request 2014 

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 

Compliant with country reporting obligations 

No reservations 

All country reports submitted.  

18. Basel Convention 

Ratification: 21.10.1993 

Compliant with country reporting obligations 

Most recently, annual data for 2014 was submitted on 
01.07.2015. 

No reservations 

All country reports submitted. 

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19. Convention on 
Biological Diversity 

Ratification: 08.10.1993 

Compliant with country reporting obligations 

No reservations 

All country reports submitted. 

Latest country report submitted 29.12.2014 (2013 
Annual Report).  

Latest country report submitted on 03.09.2014 (Fifth 
National Report). 

20. UN Framework 
Convention on Climate 
Change 

Ratification: 1994 

Compliant with country reporting obligations 

No reservations 

First National Communication submitted on 
19.05.2000. 
Second National Communication submitted on 
29.12.2014. 

21. Cartagena Protocol on 
Biosafety 

Ratification: 05.10.2006 

Lack of compliance with country reporting 
obligations 

No reservations 

22. Stockholm Convention 

Ratification: 27.02.2004 

No reservations 

Latest country report submitted on 28.10.2011 
(Second National Report). 

Third National Report due on 01.11.2015. 

Lack of compliance with country reporting 
obligations 

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 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 

No reservations 

Ratification: 02.10.1967 

All country reports submitted  

Monitoring body reviewing is fulfilled by UN Office 
on Drugs and Crime (UNODC).  

No reservations 

Accession: 07.06.1974 

No reservations 

Ratification: 07.06.1996 

No reservations 

Ratification: 08.11.2006 

All country reports submitted  

No reservations 

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