COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS DISCUSSES ELABORATION OF AN OPTIONAL PROTOCOL TO THE CONVENTION

6 May 2004

The Committee on Economic, Social and Cultural Rights this afternoon discussed questions related to the elaboration of an optional protocol to the International Covenant on Economic, Social and Cultural Rights with the Chairperson-Rapporteur of the Working Group entrusted with drafting the text. The optional protocol would establish a mechanism of individual complaints.

The Chairperson-Rapporteur of the Working Group of the Commission on Human Rights to draft the optional protocol, Catarina de Albuquerque, briefed the Committee on the work of the Working Group, saying it was created at last year’s session of the Commission. At this year’s session, the Commission renewed the mandate of the Working Group for two years. The Working Group had met only once for a period of two weeks.

Ms. de Albuquerque noted that Committee Expert Eibe Riedel had participated in the first session of the Working Group, and he had answered technical and legal questions asked by delegations. She underlined that throughout the session, the Working Group had organized a panel of experts who tackled questions pertaining to the application of economic, social and cultural rights as well as the issue of individual complaints. Among the subjects raised were the justicibility of these rights as well as the nature and scope of State parties obligations to the Convention.

During the session of the Working Group, questions were raised on the benefits of an optional protocol to the Covenant. Questions were also raised relating to the meaning that should be given to the expression “maximum extent of available resources” included in the Covenant and to the eventual overlap of work between any decision taken under the Protocol and the decisions taken by other mechanisms also dealing with questions of economic, social and cultural rights. Another question raised was whether the setting up of an individual complaints mechanism would induce a flood of complaints.

The Chairperson-Rapporteur said it would be useful to hold a meeting between the Working Group and the Committee on Economic, Social and Cultural Rights in order to share information and to discuss future possibilities of cooperation between the two bodies. She proposed to hold such a meeting in November, when the Committee would next meet.

The Chairperson of the Committee, Virginia Bonoan-Dandan, congratulated Ms. de Albuquerque for the work carried out up to now by the Working Group.

A member of the Committee stated that the creation of the Working Group and the plan of work adopted by this new body was a clear demonstration that things must and would advance. The Expert in particular emphasized the importance of questions pertaining to the justifiability of economic, social and cultural rights and the need for gathering jurisprudence on the matter.

Another Expert estimated that the adoption of an optional protocol to the Covenant should not prompt an avalanche of complaints given that this was not the case with similar mechanisms under other instruments.

Moreover, Committee members stressed that along with the Committee on the Rights of the Child, the Committee on Economic, Social and Cultural Rights did not allow for individual complaints and called for something to be done in that regard.

Committee members said that the consideration of adopting an optional protocol would hopefully encourage States which had not already done so to ratify the Covenant itself. A member added that the simplest way to go about the adoption of the protocol would be for it to be adopted by the Commission on Human Rights which would then transmit it to the Economic and Social Council, and finally turn it over to the United Nations General Assembly. However, Ms. de Albuquerque said that it would be risky to open the discussion on the Covenant itself and on additions to it because that would provide an opportunity to some people to make claims to modify existing provisions.

Ms. de Albuquerque indicated that during the last session of the Working Group, the recognition of the justifiability of economic, social and cultural rights at national or regional levels did not raise difficulties with any delegation; it was more a matter that would be taken up at the international level.

The Committee will resume its work in public on Monday, 10 May, at 10 a.m. to hold a follow-up to its day of general discussion on article 6 of the Covenant pertaining to the right to work.