CESCR
General Comment No. 2
International Technical Assistance Measures [Art. 22 of the Covenant]
Fourth session 1990
E/1990/23
1. Article 22
of the Covenant establishes a mechanism by which the Economic and
Social Council may bring to the attention of relevant United Nations
bodies any matters arising out of reports submitted under the Covenant
“which may assist such bodies in deciding, each within its field
of competence, on the advisability of international measures likely
to contribute to the effective progressive implementation of the
... Covenant”. While the primary responsibility under article 22
is vested in the Council, it is clearly appropriate for the Committee
on Economic, Social and Cultural Rights to play an active role in
advising and assisting the Council in this regard.
2. Recommendations in accordance with article 22 may be made to
any “organs of the United Nations, their subsidiary organs and specialized
agencies concerned with furnishing technical assistance”. The Committee
considers that this provision should be interpreted so as to include
virtually all United Nations organs and agencies involved in any
aspect of international development cooperation. It would therefore
be appropriate for recommendations in accordance with article 22
to be addressed, inter alia, to the Secretary-General, subsidiary
organs of the Council such as the Commission on Human Rights, the
Commission on Social Development and the Commission on the Status
of Women, other bodies such as UNDP, UNICEF and CDP, agencies such
as the World Bank and IMF, and any of the other specialized agencies
such as ILO, FAO, UNESCO and WHO.
3. Article 22 could lead either to recommendations of a general
policy nature or to more narrowly focused recommendations relating
to a specific situation. In the former context, the principal role
of the Committee would seem to be to encourage greater attention
to efforts to promote economic, social and cultural rights within
the framework of international development cooperation activities
undertaken by, or with the assistance of, the United Nations and
its agencies. In this regard the Committee notes that the Commission
on Human Rights, in its resolution 1989/13 of 2 March 1989, invited
it “to give consideration to means by which the various United Nations
agencies working in the field of development could best integrate
measures designed to promote full respect for economic, social and
cultural rights in their activities”.
4. As a preliminary practical matter, the Committee notes that its
own endeavours would be assisted, and the relevant agencies would
also be better informed, if they were to take a greater interest
in the work of the Committee. While recognizing that such an interest
can be demonstrated in a variety of ways, the Committee observes
that attendance by representatives of the appropriate United Nations
bodies at its first four sessions has, with the notable exceptions
of ILO, UNESCO and WHO, been very low. Similarly, pertinent materials
and written information had been received from only a very limited
number of agencies. The Committee considers that a deeper understanding
of the relevance of economic, social and cultural rights in the
context of international development cooperation activities would
be considerably facilitated through greater interaction between
the Committee and the appropriate agencies. At the very least, the
day of general discussion on a specific issue, which the Committee
undertakes at each of its sessions, provides an ideal context in
which a potentially productive exchange of views can be undertaken.
5. On the broader issues of the promotion of respect for human rights
in the context of development activities, the Committee has so far
seen only rather limited evidence of specific efforts by United
Nations bodies. It notes with satisfaction in this regard the initiative
taken jointly by the Centre for Human Rights and UNDP in writing
to United Nations Resident Representatives and other field-based
officials, inviting their “suggestions and advice, in particular
with respect to possible forms of cooperation in ongoing projects
[identified] as having a human rights dimension or in new ones in
response to a specific Government’s request”. The Committee has
also been informed of long-standing efforts undertaken by ILO to
link its own human rights and other international labour standards
to its technical cooperation activities.
6. With respect to such activities, two general principles are important.
The first is that the two sets of human rights are indivisible and
interdependent. This means that efforts to promote one set of rights
should also take full account of the other. United Nations agencies
involved in the promotion of economic, social and cultural rights
should do their utmost to ensure that their activities are fully
consistent with the enjoyment of civil and political rights. In
negative terms this means that the international agencies should
scrupulously avoid involvement in projects which, for example, involve
the use of forced labour in contravention of international standards,
or promote or reinforce discrimination against individuals or groups
contrary to the provisions of the Covenant, or involve large-scale
evictions or displacement of persons without the provision of all
appropriate protection and compensation. In positive terms, it means
that, wherever possible, the agencies should act as advocates of
projects and approaches which contribute not only to economic growth
or other broadly defined objectives, but also to enhanced enjoyment
of the full range of human rights.
7. The second principle of general relevance is that development
cooperation activities do not automatically contribute to the promotion
of respect for economic, social and cultural rights. Many activities
undertaken in the name of “development” have subsequently been recognized
as ill-conceived and even counterproductive in human rights terms.
In order to reduce the incidence of such problems, the whole range
of issues dealt with in the Covenant should, wherever possible and
appropriate, be given specific and careful consideration.
8. Despite the importance of seeking to integrate human rights concerns
into development activities, it is true that proposals for such
integration can too easily remain at a level of generality. Thus,
in an effort to encourage the operationalization of the principle
contained in article 22 of the Covenant, the Committee wishes to
draw attention to the following specific measures which merit consideration
by the relevant bodies:
(a) As a matter
of principle, the appropriate United Nations organs and agencies
should specifically recognize the intimate relationship which
should be established between development activities and efforts
to promote respect for human rights in general, and economic,
social and cultural rights in particular. The Committee notes
in this regard the failure of each of the first three United Nations
Development Decade Strategies to recognize that relationship and
urges that the fourth such strategy, to be adopted in 1990, should
rectify that omission;
(b) Consideration should be given by United Nations agencies to
the proposal, made by the Secretary-General in a report of 1979[1]
that a “human rights impact statement” be required to be prepared
in connection with all major development cooperation activities;
(c) The training or briefing given to project and other personnel
employed by United Nations agencies should include a component
dealing with human rights standards and principles;
(d) Every effort should be made, at each phase of a development
project, to ensure that the rights contained in the Covenants
are duly taken into account. This would apply, for example, in
the initial assessment of the priority needs of a particular country,
in the identification of particular projects, in project design,
in the implementation of the project, and in its final evaluation.
9. A matter
which has been of particular concern to the Committee in the examination
of the reports of States parties is the adverse impact of the debt
burden and of the relevant adjustment measures on the enjoyment
of economic, social and cultural rights in many countries. The Committee
recognizes that adjustment programmes will often be unavoidable
and that these will frequently involve a major element of austerity.
Under such circumstances, however, endeavours to protect the most
basic economic, social and cultural rights become more, rather than
less, urgent. States parties to the Covenant, as well as the relevant
United Nations agencies, should thus make a particular effort to
ensure that such protection is, to the maximum extent possible,
built-in to programmes and policies designed to promote adjustment.
Such an approach, which is sometimes referred to as “adjustment
with a human face” or as promoting “the human dimension of development”
requires that the goal of protecting the rights of the poor and
vulnerable should become a basic objective of economic adjustment.
Similarly, international measures to deal with the debt crisis should
take full account of the need to protect economic, social and cultural
rights through, inter alia, international cooperation. In many situations,
this might point to the need for major debt relief initiatives.
10. Finally, the Committee wishes to draw attention to the important
opportunity provided to States parties, in accordance with article
22 of the Covenant, to identify in their reports any particular
needs they might have for technical assistance or development cooperation.
Notes
[1] “The international dimensions of the right to development
as a human right in relation with other human rights based on international
cooperation, including the right to peace, taking into account the
requirements of the new international economic order and the fundamental
human needs” (E/CN.4/1334, para. 314).
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