Key moment for an optional protocol on ESC rights

February 2006


In order to provide victims of economic, social and cultural rights (ESCR) violations with access to international justice, an Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (OP-ICESCR) is necessary. This would establish a complaints mechanism that allows the presentation of a case to the United Nations, a possiblity that already exists for civil and political rights violations.

The Open-Ended Group on the OP-ICESCR was established in 2002 with a mandate to "consider options regarding the elaboration of an Optional Protocol to the International Covenant on Economic Social and Cultural Rights."

The Open-Ended Working Group (OEWG) is open to all members of the UN. For this reason: (1) It is vital to ensure that governments who support the OP-ICESCR attend the meetings, and speak up in favour of critical components for an effective OP-ICESCR, and (2) it is important to begin to lobby governments to support a resolution in the 2006 session of the UN Human Rights Commission (CHR) enabling the OEWG to begin negotiating a draft OP-ICESCR.

First, the UN Working-Group will be meeting from 6 to 17 February 2006 in Geneva. This meeting is the last opportunity for governments to express their support for the Optional Protocol. In March 2006, during the session of the UN Human Rights Commission in Geneva, governments will decide whether or not to draft this Optional Protocol.

For this purpose, an NGO Coalition was formed in order to bring together national, regional and international NGOs, individuals, social movements and community based organisations all committed to make the Optional Protocol a reality developing a common strategy and position.

Below you will find a collection of relevant UN and NGO documents for the Third Session of the Open-Ended Working Group, Geneva 6–17 February 2006.

Source: ESC-Net, NGO Coalition for an Optional Protocol


UN DOCUMENTS

--> Report of the January 2005 UN Open-Ended Working Group to consider options for an Optional Protocol
The report is to be considered at the February meeting. (PDF document)

--> Open ended working group web site


NGO Coalition documents

--> Advocacy Kit 2005-2006
Compiled by the NGO Coalition for groups interested in supporting the campaign for an international complaints mechanism for victims of economic, social and cultural rights. It provides information on the process, as well as tools for national campaigning and lobbying.


Submission by the NGO Coalition to the open-ended working group:

-> Joint NGO Submission presented by the NGO coalition to the 2006 Open Ended Working Group to consider options for an Optional Protocol to the International Covenant on Economic, Social and Cultural Rights
Motivated by widespread concern for the protection and promotion of economic, social and cultural rights (ESC rights), the International NGO Coalition for an Optional Protocol submitted the following views in response to the Analytical Paper presented by the Chairperson-Rapporteur in November 2005. January 2006 (pdf document)

-> Opening statement - 6 February 2006

-> Regarding the communications procedure (Scope of rights subject to a procedure; Reservations) - 6 February 2006

-> Regarding the communications procedure (reservation)- 7 February 2006

-> Regarding the communications procedure (Admissibility criteria, including standing) - 7 February 2006

-> Regarding the Communications Procedure (Proceedings on the merits; Friendly settlement of disputes; Interim measures; Views; Follow-up to views) - 8 February 2006

-> Regarding 'inquiry procedure'- 8 February 2006


Daily NGO reports: What’s happening at the Open-Ended Working Group for the OP to ICESCR?

-> Day One: Monday 6 February 2006
-> Day Two: Tuesday 7 February 2006
-> Day three: Wednesday 8 February 2006
-> Day Four: Thursday 9 February 2006
-> Day Five: Friday 10 February 2006
-> Day Six: Monday 13 February 2006
-> Day Seven: Tuesday 14 February 2006
-> Day Eight: Wednesday 15 February 2006

Conclusions

Outcomes of the meeting by the International Service for Human Rights

Summary of the third session of the OEWG to consider options regarding an OP to the ICESCR by the NGO Coalition.




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In-depth reports
Detailed reports on key issues.
Economic, social and cultural rights - ESCR
ESC rights are valid, enforceable, justiciable and claimable under both local and international law. Civil society is campaigning for their full implementation.
NGOs
NGO web sites.
International Network for Economic, Social and Cultural Rights (ESCR-Net)
ESCR-Net is an emerging coalition of organizations and activists from around the world dedicated to advancing economic, social and cultural rights. This website contains four interactive, searchable databases (or directories) of organizations and individuals, project and activities, regional and domestic case law, and events.

 

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