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ESCR in the 2004 UN Commission on Human Rights
Human Rights - Mon Mar 29 2004
Source: NGO Coallition

The NGO Coalition for an Optional Protocol to the International Covenant on Economic, Social and Cultural Rights is planning activities in order to renew mandate of the open-ended working group for the elaboration of the Optional Protocol.

Strategies for NGOs:
1- Important dates
2- Issues arising on the mandate of the working group
3- Recommended action for NGOs supporting the OP-ICESCR
4- Key documents and resources

Read also:
>States, positions and suggested actions
>Activities for NGOs Supporting an OP- ICESCR UNHRC, 2004

1- Important dates:

  • The UN Commission on Human Rights considers economic, social and cultural rights under Agenda Item 10. This item is scheduled to commence on Monday 29th March, 2004. On that day, the Chair –or, in case she doesn’t attend the Commission, a representative from Portugal- will present the report of the Open Ended Working Group on OP-ICESCR (OEWG) and will put forward her recommendations.

  • he mandate of the open-ended working group will be incorporated into the Omnibus Resolution on Economic, Social and Cultural Rights, which is sponsored by Portugal. We will keep sending details regarding the process of adoption of the Omnibus Resolution.

  • Informal consultations among government delegations has been on-going however, the first Informal meeting on the text of the resolution to be held during this session of the Human Rights Commission will take place on Friday 2nd of April, 2004.

    2- Issues arising on the mandate of the working group:
  • In her final recommendations the Chairperson of the OEWG considers that the Commission should: “Renew mandate of the open-ended working group for a period of two years to consider options regarding the elaboration of an optional protocol to the International Covenant on Economic, Social and Cultural rights.”

  • In this regard, the delegation of Portugal has indicated that they will include the recommendations of the Chairperson of the OEWG in the suggested text of the Omnibus Resolution.

  • Although, as members of the NGO Coalition for an OP-ICESCR we should do our best to promote a stronger mandate for the working group, we should also keep in mind that having a working group that considers options for two more years may be better than no working group at all. As Nathalie noted in her earlier message: “we may have to live with that option!”

  • Just to refresh your memory, during the OEWG there were four different views on the mandate: i) the “safe” position being promoted by the Chairperson; ii) opposing States didn’t want to consider the renewal of the mandate of the working group; iii) a group of States pro-OP wanted the OEWG to be mandated to “elaborate an optional protocol”; (iv) finally, another block of supporting States suggested a mandate that would allow the OEWG to consider “elements and modalities of an optional protocol.” In terms of the time-frame for the extension of the mandate, views from States supporting the OP ranged from one year to three years.

  • It is essential to contact and lobby delegations that are part of the UN Human Rights Commission because it is very likely that the resolution will go to a vote. Thus, in order to obtain the renewal of the mandate of the OEWG, the Omnibus Resolution would have to be adopted by a simple majority of the States represented in the HRC.

    3- Recommended action for NGOs supporting the OP-ICESCR
    The chart (separate attachment sent in same e-mail message), which shows members of the Commission, indicates what we know about the likely voting pattern for the resolution. In light of this, the Coalition has identified that the following activities would be useful for the Commission:

    a) National level Actions

  • Focused capital-based lobbying, particularly among African countries to increase participation

  • Focused lobbying of missions in Geneva to try to secure consistent participation in the informal consultations, particularly for the GRULAC. It is important for supportive States to remain visible

  • Generate awareness on the OP-ICESCR among various government bodies that can influence the development of a clear country position on the OP. In particular, as preparations for the second OEWG

  • Please note that we will send updates through our list

  • NGOs and networks can send updates on their actions to Maria Herminia Graterol: iwraw-ap@iwraw-ap.org or Bruce Porter: bporter@socialrightsadvocacy.ca. We will do our best to answer any queries and provide support to national groups throughout the next two weeks.

    b) Actions and Activities at the Human Rights Commission

  • Please try to attend the following:
    * On Monday 29th:
    1:15-3:00pm: Briefing for NGOs on the OP-ICESCR process, Room E2064-66 (a flyer on the seminar is attached to this message)
    3:00-6:00pm: Recommendations of the Chairperson of the OEWG are presented to the Human Rights Commission (time may change, depending on whether or not item 10 begins as scheduled)
    6:00-6:30pm: NGO meeting on the OP-ICESCR (Please gather at the beginning of the Serpentine lounge). At this time, time and venue of other NGO meetings will be decided. Please note that we will do our best to post notices via this listserv

    *On Friday April 2nd:
    3:00-5:00pm: Informal meeting to discuss text of omnibus resolution (room number to be announced)
    Immediately after: NGO meeting to evaluate outcomes of the informal meeting and discuss lobbying strategies for April 5th to April-9th (Serpentine lounge)

  • Coordination of a statement by members of the Coalition

  • Distribution of a two-page leaflet on the outcomes of the open-ended working group (to be distributed to NGOs and government delegations by Friday, April 2nd)

  • NGOs attending the session in Geneva may contact the following Geneva based members of the Coalition: Edwin Berry: berry@icj.org; Meghna Abraham: mab@omct.org
    or Nathalie Mivelaz: nathalie@cohre.org

    4- Key documents and resources:
  • Lobbying kit developed by NGO Coalition for Open-ended working group: you may download the kit from here
  • Report of the OEWG to consider options regarding the elaboration of an OP-ICESCR: available here
  • You may also find this webpage with updates on the Human Rights Commission of use
  • If you know of individuals or NGOs interested in joining the OP-ICESCR NGO Coalition List, please ask them to subcribe here

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