ELECTIONS: UN Committee on Economic, Social and Cultural Rights [call for action]

The Coalition of NGOs for an Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (ICESCR) is calling on organisations in UN Economic and Social Council (ECOSOC) member countries to lobby their government to vote for independent and competent individuals to serve on the Committee on Economic, Social and Cultural Rights. 

The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights was opened for signature on 24 September 2009. It has already been signed by 31 States and will enter into force after 10 have ratified or acceded to the treaty.

Once the Optional Protocol enters into force, it will allow women, children, migrants, Indigenous peoples and anyone whose economic, social and cultural rights have been violated to present a complaint before the UN Committee on Economic, Social and Cultural Rights, the United Nations body responsible for supervising State's compliance with all the rights protected in the International Covenant on Economic, Social and Cultural Rights.

It is very important that the Committee enjoys the necessary competence and expertise to deal with such complaints in order to issue professional and independent recommendations to States and thereby help to provide effective remedies to victims.

Members of the Committee are elected by the UN Economic and Social Council (ECOSOC). The term of nine of the 18 members of the Committee expires on 31 December 2010 and the upcoming elections of new members will take place during the ECOSOC's next meeting which will be held in New York from 28 to 29 April 2010.

Although international human rights treaties require members of UN treaty bodies (what are these?) to be "independent" experts, States Parties all too often nominate and elect individuals who hold executive positions in their government. In addition, some individuals have limited background or experience relevant to the field of economic, social and cultural rights.

The composition of the Committee is also unbalanced in terms of gender (only three of the 18 current members are women).

ECOSOC's election process is also weak and untransparent. Elections by States Parties for individuals to serve on international expert bodies take place through secret balloting and often after vote-trading and endorsement of candidates by regional groups, providing limited possibilities for competition. Such practices by States Parties have a negative impact on the overall quality, effectiveness, reputation and impact of the Committee.

Some of these weaknesses were reflected in the most recent nomination process, which concluded in 26 January, when only 15 candidates were nominated (all nine members whose term expires are being nominated for re-election) thus limiting the opportunity for a real and transparent competition, based on the merits and experience of the candidates. A full list of the current candidates and information about their background and regional distribution can be found here.

Call for action

Given the importance of the Committee's composition for the proper application of the Optional Protocol, the Coalition of NGOs for an Optional Protocol to the ICESCR is targeting ECOSOC member countries to positively influence the voting process. The NGO Coalition does not intend to take a position for or against individuals nominated or elected to serve as members of the Committee. However it encourages ECOSOC members to elect only qualified, independent and capable candidates and to consider the issue of gender balance.

The Coalition is calling on organisations to take the following recommended actions:

*Target: Ministry of Foreign Affairs or other relevant Ministerial-level authority.

*Key message: encourage your country to vote only for candidates who meet the criteria of independence and impartiality and who are experts in the field of economic, social and cultural rights. The requirement for a gender balance should also be taken into consideration.

*Timing: As possible, bearing in mind that the election process will take place from 28 to 29 April 2010.

Additional actions:

* Provide information to the government on the current candidates, their background and experience in ESC rights, based on their resume, published in the Office of High Commissioner for Human Rights Website: http://www2.ohchr.org/english/bodies/cescr/elections2010.htm

*After initial contact, request a meeting with high-level representatives of your government and/or regularly follow up with relevant contacts in the Ministerial administration to encourage the government to identify and vote for the candidates that fulfill these criteria.

*Contact members of parliament and ask them to raise questions with the government about the voting process of the candidates.

*Contact your national human rights institution to seek their support for putting pressure on the government for this process.

*Finally, the Coalition encourages organisations to support the ratification campaign of the Optional Protocol to the ICESCR by influencing your government to sign the OP, and if it has done so, to ratify it as soon as possible.

For more information on the election process of the Committee and the list of candidates, go here.

The list of ECOSOC member countries is available here.

To request more information and to send feedback, contact: op-coalition@escr-net.org; Tel. +1 (212) 681 1236 Ext 26.

The call for action is part of the Coalition's campaign Justice Now! Ratify to Protect All Human Rights.

Further information

 

pdf: http://www.escr-net.org/actions/actions_show.htm?doc_id=1160174

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