WORKING TOOLS

ACCESS TO LAND

RIGHT TO WATER

EXTRATERRITORIAL STATE OBLIGATIONS

MONITORING

JUSTICIABILITY OF THE RIGHT TO FOOD

GENDER

PROGRAM AREAS

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

There is a general consensus that human rights are indivisible. In practice however, the division of human rights into at least two sets is manifest in the existence of the two major international human rights treaties, the International Covenant on Civil and Political Rights on the one hand, and the International Covenant on Economic, Social and Cultural Rights on the other. Due to certain political developments in the past, the former group of rights has benefited from better mechanisms of enforcement, both at the national and the international level. The unequal weight given to these two groups of rights is evidenced, amongst other factors, in the competences of the United Nations bodies responsible for monitoring compliance by states with these rights. The existence of an Optional Protocol to the Covenant on Civil and Political Rights allows individuals whose civil or political rights have been violated to complain before the relevant UN body while no such mechanism exists for economic, social and cultural rights. Since 1991, FIAN has therefore been supporting the adoption of an Optional Protocol to the International Covenant on Economic, Social and Cultural rights. Such a protocol would allow individuals or groups access to a complaints procedure within the UN system when one of their Covenant rights has been violated. In 1996, FIAN had already given an input into a first draft of such a protocol written by the Committee on Economic, Social and Cultural Rights. In 2002, the Human Rights Commission of the UN finally formally opened the process of elaboration of an Optional Protocol. In 2004, the mandate of the working group was renewed for another two years and FIAN has reacted by stepping up its activities. FIAN also co-initiated a lobbying alliance for the Optional Protocol together with other international human rights organisations. A joint statement of civil society organisations was written, which defined elements that were to be included in an eventual Optional Protocol. It was supported by virtually all international human rights organisations and is a strong lobbying tool in the ongoing process. Over the last two years, the alliance has grown and has structured itself as a worldwide NGO Coalition for the OP-ICESCR. Members are NGOs of course, but also community-based organisations, regional networks, trade unions and individuals. Together, we are running the campaign "ESCR Protocol Now!" based on "minimums" which should be promoted by all members to make the OP a meaningful human rights instrument. FIAN International is a member of the steering committee of the NGO Coalition and many of the FIAN sections have been actively involved alone or in platforms in education and lobby work at national and regional levels. To find out more on the Coalition, please visit http://www.opicescr-coalition.org/ !