Advocating for the Optional Protocol to the ICESCR

SRAC played an active role in the negotiations of the text of the OP-ICESCR through the Steering Committee of a global coalition of NGOs - the Coalition for the OP-ICESCR.

Despite considerable resistance and skepticism from a number of states at the outset of this process, the Coalition celebrated an historic success on December 10, 2008 when the UN Human Rights Council adopted by consensus an Optional Protocol to the ICESCR providing for a complaints mechanism, as well as an inquiries procedure.

The following is the text of the historic OP-ICESCR adopted by the UN General Assembly December 10, 2008.

Standard of Review

One of the key areas of negotiation in the OP-ICESCR related to the standard of review. For a description of the negotiations around this see the resources below.

The Rules of Procedure for the OP-ICESCR

SRAC assisted the NGO Coalition for the OP-ICESCR in engaging with the CESCR regarding the rules of procedure. An initial paper entitled Considerations of the International NGO Coalition for an OP-ICESCR in relation to the OP-ICESCR and its Rules of Procedure was circulated amongst members of the Coalition and groups with relevant ESCR expertise, and further revised and focused for presentation to the CESCR in Geneva.

Bruce Porter of SRAC represented the Steering Committee of the Coalition in making an oral presentation to the CESCR and presenting the substantive paper outlining developments in international law and drafting history of the OP. He also chaired a luncheon meeting to which Committee members were invited to discuss issues such as interim measures, friendly settlements, reasonableness, amicus curiae and standing.

Additional submissions were made in 2021 to the CESCR regarding proposed amendments dealing with pilot complaints and other issues.