ESCR PROTOCOL NOW!
Campaign for
international justice for economic, social and cultural rights
ADVOCACY KIT
Compiled by
The NGO Coalition for
an Optional Protocol to the
International Covenant on
Economic, Social and Cultural Rights
www.escrprotocolnow.org
For activities targeting the
Open-Ended Working Group
to consider options for an OP-ICESCR
(February 2006) and
the
Commission on Human Rights 2006
Introduction
This is an Advocacy Kit compiled by the
NGO Coalition for an OP-ICESCR 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. This document is
organised in the following different sections so you can pick and choose the
parts that are most useful to you:
Introduction....................................................................................................................... 2
Lobby Guide..................................................................................................................... 4
Feedback On Your Lobbying.............................................................................................. 6
What Is The NGO Coalition And Who Is Involved
In The Campaign?....................................... 8
What Are We Campaigning For? (short version)................................................................. 10
What Are We Campaigning For? (longer version)................................................................ 11
Political Support For The OP-ICESCR............................................................................... 20
Ideas For Getting Involved – What Can You Do?................................................................. 21
Preparing For The Working Group..................................................................................... 25
Information For Those Able To Attend The
Working Group In Geneva.................................... 27
Information For Those Working From Home........................................................................ 29
How To Lobby Your Government....................................................................................... 33
Media & Other Activities................................................................................................... 36
Background on the ICESCR............................................................................................. 39
What is an "Optional Protocol"?........................................................................................ 42
Benefits Of An OP-ICESCR (short version)......................................................................... 44
Benefits Of An OP-ICESCR (longer version)....................................................................... 45
Key Issues Regarding The OP-ICESCR............................................................................. 48
Questions And Answers................................................................................................... 55
Toolkit On ESCR Justiciability.......................................................................................... 60
Toolkit On Government Obligations.................................................................................... 62
Main Developments In Relation To The
OP-ICESCR............................................................ 66
Historical Milestones........................................................................................................ 72
Reference Documents...................................................................................................... 75
Links To Organisations Involved in the
Campaign................................................................ 78
Your comments on this Advocacy Kit are
very welcome – we’d love to hear from you about how you use it, which parts are
most helpful, and any ideas for other aspects that could be addressed. Please email
op_coalition@yahoo.de
with your comments.
Lobby Guide
What
We are campaigning to provide victims
of violations of economic, social and cultural rights with access to
international justice.
Currently, if you have been tortured or
if your right to freedom of expression is violated, you can complain to the
United Nations. But if you have been forcibly evicted, or if you are unable to
access healthcare services, you don’t have the same opportunity. It should not
be that way!
The way forward is the development of
what is called an Optional Protocol to the International Covenant on Economic,
Social and Cultural Rights (OP-ICESCR). This Optional Protocol will establish a
complaints mechanism allowing you to present your case to the United Nations.
How
The members of the United Nations have
come together, in the form of a working-group, to discuss the possibility of
elaborating this Optional Protocol. Victims of economic, social and cultural
rights violations have been waiting for this opportunity for a long time.
We are now at a crucial stage and
governments will decide in March 2006 whether or not we will have this Optional
Protocol. The voice of civil society is vital in convincing all governments to
support this process.
When
Time is short and work has already
commenced. But we urgently need more voices and your active support. It is
important to be lobbying your government now and in the coming months in the
lead up to two major events.
First, the UN Working-Group will be meeting
from 6 to
If there is not enough support for this
at the Working Group and the Commission on Human Rights 2006, there will be no
Optional Protocol in the foreseeable future and voices of victims of economic,
social and cultural rights violations will be silenced.
Who
The campaign for the adoption of this
Optional Protocol is coordinated by the NGO Coalition for an Optional Protocol
to the International Covenant on Economic, Social and Cultural Rights.
The Coalition brings together national,
regional and international NGOs, individuals, social movements and community
based organisations all committed to make the Optional Protocol a reality. Because we need to join forces on this issue,
the Coalition makes sure that we develop a common strategy and position and
provides information about the process.
Because you can make a difference in
the way your government thinks about this Optional Protocol, we invite you to
join the Coalition and share with us your successes, feedback from your
lobbying with governments and any information that could be useful to others
campaigning in other countries.
To join the Coalition, go to our website:
www.op-icescr-coalition.org.
Why
An OP-ICESCR is important because it
will provide victims of economic, social and cultural rights violations who
can’t be heard before their national courts an avenue to get redress. As such,
it will redress the current imbalance in the protection of different human
rights, which marginalises economic, social and cultural rights.
Having an international complaint
mechanism will also help develop the content of ESC rights and related States’
obligations, as well as give guidance to national courts.
In order to achieve these objectives,
the mechanism adopted must be useful and the Coalition has established minimum
criteria (further information about these can be found in sections of this Advocacy
Kit).
In our view, anything short of a
comprehensive OP-ICESCR would have huge impacts on groups’ ability to use those
rights to seek better social justice.
Feedback On Your Lobbying
Please complete this form and return to
the NGO Coalition, either via email to op_coalition@yahoo.de, or
you can complete online at
www.op-icescr-coalition.org.
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Name |
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Organisation |
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Contact Details |
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What is your Government’s position on
the OP-ICESCR |
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Will your Government participate in
the Open-Ended Working Group 2007? |
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If so, please provide information
about your Government’s Delegation (who, how long are they staying, any
particular background information on individuals we should be aware of) |
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Who you contacted – Name, Position
and Department |
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Any other relevant information? |
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What Is The NGO Coalition And Who
Is Involved In The Campaign?
The NGO
Coalition for an OP-ICESCR coordinates the campaign for the adoption of an
OP-ICESCR.
The NGO
Coalition for an OP-ICESCR brings together individuals and organisations from
around the world who support the development of an OP-ICESCR. Our members
including international NGOs, regional networks, grassroots activists,
community based organizations, and individuals, all of whom have a common goal
to promote an OP-ICESCR. Together we join
forces to convince governments that the time has come to provide victims of
violations of economic, social and cultural rights with access to international
justice.
Aims And Activities
The main
motivation behind the creation of the Coalition was the need to speak with one
voice and to show that there is broad civil society support for the OP-ICESCR.
The primary objective of the Coalition
is therefore to advocate for the adoption of an effective OP-ICESCR and to
mobilise forces around this issue at the national, regional and international
levels.
As such, the Coalition undertakes the
following activities:
- Developing and providing information and materials
which will facilitate the advocacy of individuals and organisations
working for the adoption of an OP-ICESCR
- Mobilising national, regional and international
organisations and individuals to engage in public education and
advocacy for an OP-ICESCR
- Facilitating communication between interested parties
- Engaging in public education and direct advocacy as
appropriate
- Consulting with relevant individuals and organizations
about critical issues in the development of an effective OP
- Developing strategies and seeking funding as
appropriate to secure the development and adoption of an effective OP to
the ICESCR
- Intervening in relevant for a to promote the adoption
of an OP-ICESCR
Principles Guiding The Work Of The Coalition
The Coalition has identified five key
elements for an effective OP. Each is a minimum requirement for the Optional
Protocol that should be promoted by all NGOs wishing to contribute to the
process of making the OP to the ICESCR a meaningful human rights instrument. These
minimums are described on page 6 of this Advocacy Kit.
Commitments From Members
Members
of the Coalition commit to:
- Sharing
information about the OP-ICESCR campaign & their activities
- Sharing resources
which support the principles of the Coalition
- Sharing
strategies for lobbying
Governance Of The Coalition
The Coalition is directed by a
volunteer Steering Committee comprised of regional and international
organisations, as well as individuals. The Steering Committee is an
operational group of individuals and organisations which coordinates the work
of the coalition.
The current Steering Committee
comprises of representatives from the following organisations:
- Centre on Housing Rights and Evictions (COHRE),
- FoodFirst Information and Action Network (FIAN),
- International Commission of Jurists (ICJ),
- International Women’s Rights Action Watch Asia-Pacific
(IWRAW Asia Pacific),
- Inter-American Platform of Human Rights, Democracy and
Development (PIDHDD),
Bruce Porter and Magdalena Sepulveda are also members of the Steering Committee in an individual
capacity.
Membership of the Steering
Committee will be reviewed after the 2006 Working Group.
How To Join The Coalition?
Organisations
and individuals can become members of the Coalition. To join the Coalition, you
will have to agree upon a set of membership principles and return the
membership form to the following address:
op_coalition@yahoo.de.
The membership form and principles are
available on the Coalition website:
www.op-icescr-coalition.org.
Communication
The members of the Coalition
communicate through an e-mail list, where information, strategies, papers, etc.
are shared. To join the Coalition email list please visit escrprotocolnow-subscribe@yahoogroups.com.
What Are We Campaigning For? (short version)
Members of the Coalition have
identified five key elements for an effective OP. Each is a minimum requirement for the Optional
Protocol that should be promoted by all NGOs wishing to contribute to the
process of making the OP to the ICESCR a meaningful human rights
instrument.
ELEMENT
ONE: The OP should contain at least two procedures: (1) a Communication
Procedure and (2) an Inquiry Procedure. The
NGO Coalition also supports the inclusion of other important procedural
elements, such an early warning/emergency procedures mechanism, interim
measures in cases of immediate or irreparable harm to complainants, and
effective remedies and follow-up measures.
An inquiries procedure, including fact-finding missions to the State
Party concerned, would enable the CESCR Committee to launch, at its own
initiative, investigations into grave and/or systematic violations of the rights
contained in the Covenant.
ELEMENT TWO: The Procedures established under the OP to the ICESCR
should be available to victims of violations of ANY substantive right enshrined
in the Covenant. The procedures under the OP to the ICESCR should extend to ALL
the rights set forth in the Covenant. The
OP to the ICESCR must be comprehensive in its coverage and should include all
the rights contained in the ICESCR, including the right to
self-determination.
ELEMENT
THREE: The violations to be reviewed under the Procedures established under the
OP to the ICESCR should be linked to all levels of state obligations. This should include the obligations to
respect, protect, and fulfil economic, social and cultural rights. It should also include all components of a
right, and not simply the “core” rights or “minimum rights”.
ELEMENT FOUR: Standing should extend to individuals, groups and
organisations. The
capacity to submit complaints under an OP should extend to individuals, groups
of individuals, and organisations (including NGOs and trade unions). The OP
should enable complaints to be submitted by or on behalf of individuals, groups
of individuals and organisations.
ELEMENT
FIVE: No reservations should be allowed under the Optional Protocol to the
ICESCR.
In addition to these five core elements, the Coalition also believes that other issues are important and should continue to be discussed during the process of advocating for an OP, including the capacity to address and acknowledge the role of international cooperation in the realisation of ESCR and the responsibilities of non-state actors, in particular transnational corporations. Once discussions around an OP progress to the drafting of the mechanism, the NGO Coalition will advocate for progressive approaches towards other more procedural elements such as the exhaustion of local remedies rule and the protection of complainants against reprisals. What Are We Campaigning For? (longer version)
Members
of the Coalition have identified five key elements for an effective OP. Each is
a minimum requirement for the Optional Protocol that should be promoted by all
NGOs wishing to contribute to the process of making the OP to the ICESCR a
meaningful human rights instrument.
ELEMENT ONE: Communication & Inquiry Procedures
The OP should contain
at least two procedures: (1) a Communication Procedure and (2) an Inquiry
Procedure.
Why a communications
procedure?
The communications procedure
would enable individuals and groups of individuals to file complaints before
the Committee. The individual communications would refer to specific violations
of the rights guaranteed in the International Covenant on Economic, Social and
Cultural Rights. It would also allow them to seek redress for violations of
ESCR that generally go unnoticed at the national level.
Why an Inquiry
Procedure?
This procedure would enable the Committee
to launch, on its own initiative, on the basis of reliable information,
inquiries into grave or systematic violations of rights enshrined in the
ICESCR.
*Grave
violations would constitute severe abuse.
For example violations of economic, social and cultural rights that would have
negative impact on of the right to life, physical and mental integrity, and
security of a person. E.g.: forced evictions by military forces that have
caused injuries and deaths of various members of an indigenous community
* Systematic
would refer to the scale or prevalence of violations, or to existence of scheme
or policy directing violations. Violations not amounting to the level of
severity implied by “grave” may still be focus of inquiry if there is pattern
of violations or abuses are committed pursuant to scheme or policy. E.g. forced
sterilization of Roma women in public hospitals.
An
inquiry procedure would reinforce an Optional Protocol’s complaints procedure as
it would: (i) Open an avenue to address situations where individual/group
communications could not adequately reflect the gravity or the systemic nature
of violations of Covenant provisions;
(ii) Allow grave and/or systematic Covenant
violations to be investigated where individuals or groups were unable to
utilise the complaint's mechanism for reasons including fear of reprisals; and
(iii) Enable a more-timely response
to grave and/or systematic violations of the provisions of the Covenant, and to continuing violations
in particular.[1]
Why
a Follow-up Procedure
This
procedure would enable the Committee to follow-up on the implementation of its
decisions. Under a follow-up procedure, the Committee would be empowered to
intervene with the State Party, beyond the regular reporting process, to discuss
problems that could arise regarding the implementation of a particular decision.
A
follow-up procedure would reinforce an Optional Protocol’s complaints
procedure as it would: (i) Open an avenue to address problems States might face
in implementing a particular decision; (ii) Provide guidance and support to
those States in order to give full effect to a Committee’s decision; (iii)
Guarantee that the Committee’s decisions are actually implemented.
Other
Elements
The NGO Coalition also
supports the inclusion of other important procedural elements, such an early
warning/emergency procedures mechanism, interim measures in cases of immediate
or irreparable harm to complainants, and effective remedies and follow-up
measures.