| Opening
Statement of the NGO Coalition for an Optional Protocol to the International
Covenant on Economic, Social and Cultural Rights[1] to the Open-Ended
Working Group on the OP-ICESCR
Monday
10 January 2005
Madame Chairperson,
my name is Caroline Lambert, I am speaking on behalf of the NGO
Coalition for an Optional Protocol to the ICESCR. The Coalition
comprises domestic, regional and international organisations and
interested individuals who recognise the vital role that an OP to
ICESCR can play in the realisation of economic, social and cultural
rights across our globe and the provision of justice for victims
of violations of economic, social and cultural rights. For example,
women and their children who are forced to flee their homes because
of domestic violence, the lack of access to vital medicines, inadequate
access to education and social security.
Madame Chairperson,
we thank you for the opportunity to address the Open-Ended Working
Group, and congratulate you on your re-election as Chairperson for
this meeting.
Madame Chairperson,
we look forward to your leadership furthering the achievements of
the 2004 OEWG. To our mind, one of the key outcomes of the 2004
OEWG was the agreement that all human rights include three levels
of government obligation – to respect, protect and fulfil
economic, social and cultural rights – and that all levels
are justiciable. We heard of many examples of the ways in which
ESCR have been adjudicated in jurisdictions around the world. Additionally,
it was important to hear the views of governments, experts and NGOs
that an Optional Protocol to the ICESCR will enable the content
of the Covenant rights to be further elaborated and clarified.
We are delighted,
this morning, to have heard from so many governments, and to see
such interest in the development of this important mechanism, which
will be an important element to the enforcement of economic, social
and cultural rights and to ensuring that the indivisibility of all
human rights becomes a reality in the lives of individuals and communities
who, on a day-to-day basis, experience violations of their economic,
social and cultural rights.
In the period
between the 2004 session and the 2005 session, the political will
which has driven this process was further cemented with the adoption
of a two year mandate for this Working Group, and we congratulate
governments for taking this position.
From our own
perspective, in the intervening period, the organisations we represent
have continued to work for the development of the Optional Protocol
to the ICESCR. Successful regional meetings have been held in all
regions and we are pleased to report that support and understanding
of the importance of an Optional Protocol has increased significantly.
To this end,
the Coalition for an OP to ICESCR is of the view that this session
of the OEWG affords governments with the opportunity to discuss
the key components of an Optional Protocol to the ICESCR. The Coalition
has established five core elements for an effective OP to ICESCR.
- Element One:
The Optional Protocol to the ICESCR should contain two procedures:
(1) a Communication Procedure and (2) an Inquiry Procedure
- Element
Two: The Procedures established under the Optional Protocol to
the ICESCR should be available to victims of violations of ANY
substantive right enshrined in the Covenant. The procedures under
the OP-ICESCR should extend to ALL the rights set forth in the
Covenant.
- Element
Three: The violations to be reviewed under the procedures to be
included in the OP-ICESCR should be linked to all levels of state
obligations. The process leading to the OP-ICESCR should clearly
establish the need for State Parties to strengthen mechanisms
and remedies for addressing violations that result from their
failure to respect, protect and/or fulfil.
- Element
Four: The Role of NGOs should be considered under both procedures.
- Element
Five: No reservations should be allowed under the Optional Protocol
to the ICESCR
Detailed arguments
on the components of these five core elements can be found in our
written statement, which also addresses arguments for an OP to ICESCR;
provides substantive information on the justiciability of economic,
social and cultural rights (including examples of jurisprudence
drawn from all regions of the world) and addresses some key challenges
to have been identified by opponents of this process.
We are looking
forward to the deliberations and negotiations of the next two weeks.
There are many NGOs who will be present during the two weeks, bringing
with them a variety of experiences, from domestic, regional and
international processes. We look forward to sharing our views and
expertise with you, and learning from you in the process. We have
many interested supporters who are not able to be with us in Geneva
for these negotiations, but will be following these discussion via
regular updates.
Finally, Madame
Chair, we are confident that government representatives, drawing
from the views of the people they represent, will take important
steps towards the adoption of an OP to ICESCR, and we are looking
forward to a successful conclusion of this meeting, in particular
as it will bring real change to individuals and communities who
experience violations of their economic, social and cultural rights.
Note
This
statement was prepared by the NGO Coalition for an Optional Protocol
to the ICESCR, comprised of national, regional and international
organisations and individuals supporting the adoption of an Optional
Protocol to the ICESCR. The Ad Hoc Steering Committee of the Coalition
comprises representatives from IWRAW Asia-Pacific, COHRE, ICJ, FIAN
and the Social Rights Advocacy Centre (Canada).
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