ECONOMIC, SOCIAL AND CULTURAL RIGHTS COMMITTEE HOLDS GENERAL DISCUSSION ON DRAFT OPTIONAL PROTOCOL

Press Release
HR/4259

ECONOMIC, SOCIAL AND CULTURAL RIGHTS COMMITTEE HOLDS GENERAL DISCUSSION ON DRAFT OPTIONAL PROTOCOL

GENEVA, 4 December (UN Information Service) -- The Committee on Economic, Social and Cultural Rights this morning held a general discussion on its draft optional protocol to the Covenant on those rights, providing for the consideration of communications. The Committee said it believed there were strong reasons for adopting a complaints procedure.

The preparation of an optional protocol had been under consideration by the Committee since its fifth session. Such a procedure would be entirely non-compulsory and would permit communications to be submitted by individuals or groups alleging violations of the rights recognized in the Covenant.

According to the draft optional protocol, any individual or group claiming to be a victim of a violation of any of the rights recognized in the Covenant might submit a written communication to the Committee for examination. States parties would undertake not to hinder in any way the effective exercise of the right to submit a communication.

During the Committee's discussion, the experts expressed the view that the future optional protocol should be viable and workable so that a number of States parties could ratify it.

Also this morning, the Committee heard the views and suggestions of the representatives of International Labour Organization (ILO) and non-governmental organizations concerning the draft optional protocol.

Jane Hodges of the ILO told the Committee that because of the tripartite nature of her organization, access to individuals or non-governmental organizations was limited. However, some regional organizations channelled information and complaints indirectly through the International Confederation of Free Trade Unions. Complaints of violations of trade union rights could be brought to the attention of the competent experts of the ILO by the State party, trade union or employers' associations union.

Alejandro Taitelbaum, representative of the American Association of Jurists and the Latin American Peace and Justice Service stressed that the capacity to submit communications or denunciations should lie with the victims or with their representatives and any person or groups of persons, or any non-governmental entity legally recognized. He said the exclusion of non- governmental organizations from among the parties with the capacity to submit denunciations under the optional protocol would be a retrograde step in the current political environment, and would ignore the fact that fundamental human rights were imperative standards with immediate effect everywhere.

Rolf Kunnemann of the Habitat International Coalition stressed that the realization of the individual right to food essentially depended on access to available resources. He said any complaint procedure should be open to petitions from individuals, groups of victims and supporting non-governmental organizations.

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