Third Open-Ended Working Group to Consider Options Regarding the Elaboration of an Optional Protocol to the International Covenant on Economic, Social and Cultural Rights
Geneva, 6-17 February 2006

Submission Regarding International Cooperation and Assistance
NGO Coalition for an Optional Protocol to the ICESCR
9 February 2006

Madam Chair,

International cooperation and assistance has a critical role in the realisation of ESC rights. This is recognised and reiterated throughout the ICESCR. The NGO Coalition is therefore firmly of the view that the OP should fully embrace the central importance of international cooperation and assistance in the Covenant.

A developing state will not be found in violation of the Covenant where it has inadequate resources to fulfil a right. Consideration of international cooperation and assistance forms an essential part of the determination of whether a state has taken steps to the “maximum of available resources”. It will therefore play a critical role in the assessment of individual communications and in any inquiry procedure. Where for example, a state is unable to ensure access to adequate housing for everyone because of a lack of resources, and where the state has unsuccessfully sought international assistance and, the Covenant is clear: No violation can be found.

The very consideration of such a communication, which determined that the denial of rights was in fact the result of a lack of availability of resources would provide a compelling case for States in a position to assist, to address this situation in their policies of international assistance and cooperation.

On the other hand, where resources are available, or where adequate international assistance has been provided, the state will be held accountable for ensuring that those resources have been applied reasonably towards the realisation of ESC rights. Such a forum would potentially provide an impartial and independent accountability mechanism for the use of resources intended for the furthering the realisation of ESC rights in developing countries. Ultimately such a possibility may increase confidence among governments and people in the developed world regarding the human benefits of providing development assistance and thereby increase development assistance. It may also increase the political momentum to devote development assistance towards the full realisation of human rights.

The consideration of individual circumstances will also lead to improved understanding of the concrete human impact on of steps taken or not taken through international cooperation and assistance, and demonstrate the role which international cooperation plays in supporting the realisation of ESC rights or alternatively in supporting policies which contravene the Covenant. It will therefore support current political momentum for international cooperation and assistance focused on the realisation of the ESC rights of the most marginalised and vulnerable groups.

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