Optional Protocol to the International Covenant on Economic, Social and Cultural Rights

SRAC is a member of the Steering Committee of the NGO Coalition for an Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (ICESCR) , a global coalition of NGOs working in the area of economic, social and cultural rights which formed to promote the idea of an optional complaints mechanism under the ICESCR.  A complaints mechanism had existed under the International Covenant on Civil and Political Rights since it came into force in 1976.  The absence of a complaints mechanism for ESC rights represented a longstanding inequality between the two sets of rights in the UN system.  Despite widespread reluctance and skepticism 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.   SRAC played a key role in the Open Ended Working Group mandated to consider and later to draft the new Optional Protocol. 

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

Optional Protocol to the International Covenant on Economic, Social and Cultural

Justice Now: Ratify to Protect All Human Rights

States that have signed and ratified the OP-ICESCR

One of the key ares of negotiation in the OP-ICESCR related to the standard of review. 

See: Bruce Porter,  The Reasonableness Of Article 8(4 ) – Adjudicating Claims From The Margins,’ Nordic Journal of Human Rights (NJHR), Vol. 27, No.1:2009.

What was at stake in the debates about the OP-ICESCR: Read

The Optional Protocol to the ICESCR - What's at stake?  an earlier article by Bruce Porter of SRAC on the need for a complaints procedure under the International Covenant on Economic, Social and Cultural Rights.

The Rules of Procedure for the OP-ICESCR

The Committee on Economic, Social and Cultural Rights is currently considering its rules and procedures for adjudicating petitions under the ICESCR.  It will be critically important for the CESCR to ensure that individuals and groups most affected by ESC rights violations have access to the communications procedure, and that the Committee has access to the information and expertise necessary.  It will be important, for example, to ensure that the Committee may benefit from third party or amicus submissions.

The Committee is currently considering its Rules of Procedure under the Optional Protocol.

SRAC has assisted the NGO Coalition for the OP-ICESCR in preparing and presenting a paper to the CESCR at its session in November 2009 on important issues to consider in drafting rules of procedure, and describing some of the relevant drafting history.  Bruce Porter of SRAC and Donna Sullivan, who has been working with IWRAW-Asia Pacific on this issue, developed a draft paper for review by members of the NGO Coalition and other experts in 'ESC rights at t meeting in New York on September 24, 2009.  The 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.

SRAC is looking forward to continue working with the NGO coalition to contribute to the process of adoption of the rules at upcoming meetings of the CESCR. 

The Universal Periodic Review Process at the UN Human Rights Council - The Case of Canada

SRAC and CERA co-ordinated an NGO steering committee which organized engagement sessions between federal and provincial representatives and civil society organizations in Halifax, Ottawa, Toronto, Winnipeg and Vancouver.  A separate consultation was organized by the Government of Quebec in Montreal.  Concerns and issues raised by NGO's across Canada were summarized in  

SRAC organized a joing submission from NGOs across Canada addressing the "Implementation Gap" - the gap between Canada's international commitments and their effective implementation in domestic law and policy. 

See Bruce Porter "In Defence of Soft Remedies (Sometimes): Enforcement of Systemic

PROMISE AND REALITY: CANADA’S INTERNATIONAL HUMAN RIGHTS IMPLEMENTATION GAP: Joint NGO Submission to the United Nations Human Rights Council  

LES PROMESSES ET LA RÉALITÉ : LE CANADA NÉGLIGE SES ENGAGEMENTS ENVERS LES DROITS DE LA PERSONNE Requête collective d’ONG au conseil des Nations Unies

Ckucj here to access all NGO submissions for Canada's UPR. 

On social rights and poverty issues, see in particular the submissions of

CCD - Council of Canadians with Disabilities

CCPI - Charter Committee on Poverty Issues

Citizens for Public Justice

FAFIA - Feminist Alliance for International Action

Independent Living Canada

WHEN - Women's Housing Equality Network

British Columbia UPR Coalition

KAIROS

Mouvement d’éducation populaire et d’action communautaire du Québec

Wellesley Institute

Follow-up on Implementation of UPR

Letter to Prime Minister Harper from Steering Committee February 23, 2009

Article by Bruce Porter and Leilani Farha "Reaffirming Canada's Commitments to International Human Rights" in Poverty and Parliament Spring, 2009 (Canada Without Poverty)

Leilani Farha, Alex Neve et al  Submissions to Senate Sub-Committee on Human Rights March 30, 2009

Bruce Porter, Submissions to Senate Sub-Committee on Human Rights  April 20, 2009

Bruce Porter Presentation to the House of Commons Committee on Human Resources and the Status of Disabled Persons (HUMA) April 22, 2009

UN Treaty Monitoring Bodies Reviews of Canada

SRAC plays an active role in promoting the use of both international and domestic human rights in Canada. SRAC helped to co-ordinate Canadian NGOs and others participating in reviews of Canada by the UN Committee on Economic, Social and Cultural Rights and other UN Human Rights Treaties.  See the Compilation of NGO Submissions  (Compilation des sommaires des soumissions des ONG) canadiennes

See all documents with respect to the Review of Canada in May, 2006.  In particular, see in  particular submissions from

Charter Committee on Poverty Issues

Canadian Feminist Alliance for International Action and National Association of Women and the Law

Poverty and Human Rights Center

Inter-American Commission

See also SRACs Presentation to the Inter-American Commission on Human Rights on the Right to Adequate Housing in Canada.

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