PHM-Exch> Elections of the Committee on ESC Rights

[Claudio Schuftan]

From: OP Coalition op-coalition at escr-net.org

 We are writing to call your attention to the *upcoming elections of the
Committee on Economic, Social and Cultural Rights *(Committee) and urge you
all to get involved to ensure the election of independent members with
strong ESCR expertise. The term of *9 of the 18* members of the Committee
will expire on 31 December 2010, states parties to the International
Covenant on Economic, Social and Cultural Rights (ICESCR) will be asked to
nominate new candidates for the Committee start in October 2009, and
elections will take place in April 2010. The individual members elected will
have an impact on the overall quality and effectiveness of this body. With
the Optional Protocol now in place, the strength and capacity of the
Committee becomes even more critical.

* **Why NGO involvement matters *

 There is no requirement under the terms of the ICESCR for states parties to
ensure an open and transparent process at the national level for the
identification of possible candidates. Consequently, the selection and
nomination process at the national level, are very opaque in terms of who is
selected and why. There are limited opportunities for effective NGO
participation in the elections, unless NGOs try to stimulate a better
process.

There are additional weaknesses of the system. Although international human
rights treaties require members of the treaty bodies to be “independent”,
states parties too often nominate and elect individuals who are holding
executive positions in their government. In addition, some individuals have
limited background or experience relevant to the ESCR field. The composition
of the Committee is also very unbalanced in terms of gender (only 3 of the
18 current members are women). In addition very few states parties nominate
candidates, leaving the election process at the international level almost
uncontested. Elections by states parties for individuals to serve on
international expert bodies take place through secret balloting and often
after vote-trading, making the election process at the international level
nontransparent. Such practices by states parties have a negative impact on
the overall quality, effectiveness, reputation and impact of the Committee.
Given the importance of the Committee, we consider that it is key to target
efforts at both national and international levels to overcome these
shortcomings.

* **The forthcoming election of committee members *

The Committee is composed of 18 experts, who are elected for a period of
four years. Members can be re-elected once their term is up, and there are
no limits on the number of terms they can serve on the Committee. The
members whose term expires are:

   - Clement Atanga (Cameroon) elected in 1999
   - Virginia Bonoan-Dandan (Philippines) elected in 1990
   - Maria Virginia Bras Gomes (Portugal)
   - Chandrashekhar Dasgupta (India)
   - Azzouz Kerdoun (Algeria)
   - Yuri Kolosov (Russian Federation) elected in 2002
   - Jaime Marchan Romero (Ecuador) elected in 1987
   - Eibe Riedel (Germany)
   - Alvaro Tirado Mejia (Colombia) elected in 2002

More information on the current members of the Committee can be accessed at
http://www2.ohchr.org/english/bodies/cescr/members.htm.

The newer treaties, such as the Optional Protocol to Convention Against
Torture and the International Convention for the Protection of All Persons
from Enforced Disappearance, have established two term limits for members
serving on the Committee.

 Elections will take place for at least one member coming from each UN
regional group: Africa, Asia, Eastern European, Latin American and Caribbean
States (GRULAC), and the Western and Other Group (WEOG).

 The election of new members to the Committee takes place by secret ballot
through the 54-member ECOSOC. A list of ECOSOC members until 31 December
2009 is available here: http://www.un.org/ecosoc/about/members.shtml. The
rules governing the nomination and election of members of the Committee were
established by ECOSOC Resolution 1985/17, which can be accessed here:
http://ap.ohchr.org/documents/E/ECOSOC/resolutions/E-RES-1985-17.doc

 It should be noted that nationals from the following states already sit on
the Committee and their terms do not expire until 2012: *Belarus, China,
Costa Rica, Egypt, France, Jordan, Mauritius, the Netherlands and
Poland.*While there is nothing in Resolution 1985/17 to prevent these
states parties
from putting forward another candidate, it has not been the practice of this
Committee to have more than one national among its members.

*Timeline*

* *·         *October 2009:* Nomination Process starts. States will be asked
to send nominations to the Committee’s Secretariat within three months.

·         *January 2010 (date yet to be confirmed):* Deadline for states
parties to nominate candidates.

·         *April 2010*: Elections are scheduled to take place.

·         *January 2011:* Elected Members initiate their terms.

 *What NGOs can do to promote a strong and independent CESCR:*

 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 we encourage organizations to promote the nomination by states
parties and election at ECOSOC of qualified, independent and capable
members. *

 *Recommended Actions*

Members in States that are parties to the ICESCR:
http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-3&chapter=4&lang=enare
asked to carry out the following recommended actions

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

**Key message:*, encourage your country to nominate at least one qualified,
independent and capable candidate (except in those countries where nationals
are already sitting on the Committee or where you do not believe that the
present government of your country will support independent and qualified
candidates) for the election. Advocate for an open, fair and transparent
process at the national level for the identification and selection of highly
qualified and independent candidates. In general, try to engage with the
state and civil society in an open, inclusive, fair and transparent
selection process.

 If your government is a member of ECOSOC, encourage them to vote only for
candidates who meet criteria of independence and impartiality and who are
experts in the field of economic, social and cultural rights.

**Timing:* Please take action as early as possible, bearing in mind that the
deadline for nominations will be in January 2010 (date still to be
confirmed).

 A)     *In addition, you could: *

 After your 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:

   - Make every effort to identify and nominate independent and highly
   qualified candidates.
   - Develop procedures at the national level to ensure an open, inclusive,
   transparent and fair process aimed at attracting and selecting a
   gender-balanced pool of highly qualified persons, from a range of relevant
   backgrounds, who meet the criteria to stand for election as a member of the
   Committee.
   - Ensure that a call for nominations and applications by experts who meet
   the criteria is widely publicized and advertised throughout the country and
   that civil society organizations competent in the areas covered by the
   ICESCR are involved in all stages of the nomination procedure.
   - Consult with civil society and give due consideration to the setting up
   of appropriate mechanisms for this purpose – including the establishment of
   a selection committee, to review and – if necessary – further specify the
   requirements potential candidates must meet and conduct interviews with
   applicants.
   - Once a candidate has been selected, make a detailed, public statement
   setting out how the selected nominee meets the criteria of the ICESCR as
   well as any other technical and objective requirements necessary to perform
   the duties of a Committee member, effectively, independently and
   impartially.

* **B ) Suggestion for additional actions - other targets*

**Targets:* Parliamentarians, national human rights institutions, NGO
partners

**Key message:* Support your organizations call on the government as
outlined in the sections above and get involved.

**Timing:* Before deadline for nominations in January 2010.

* **Members of Parliament*

   - Contact members of parliament and ask them to raise questions with the
   government about the process for selection of candidates.

 *Independent national human rights institutions*

   - Contact your national human rights institution to seek their support
   for putting pressure on the government to establish an open and transparent
   process.

 *Popular campaigning and public awareness rising*

   - Make sure your NGO partners are aware of the forthcoming elections.
   Encourage them to think about the role they could play in the national
   process and how they can add to pressure put on the government to establish
   procedures at the national level which are open, public and transparent.
   - Raise the elections with journalists/media interested in international
   affairs and UN issues.
   - Write to relevant professional organizations – such as your law
   society, medical associations, housing associations, educational
   associations, trades unions - in your country (they may have specific
   internal bodies dealing with human rights or address the president and ask
   them to write to the government in their own capacity or make a public
   statement in support of an open and transparent process for the selection of
   national candidates.

*Feedback*

Your feedback is very important to us. Please get back to us to let us know:

   - If you have been able to take action and if so, what.
   - The response of your government.
   - Any interest/activities on the part of NGO partners, parliamentarians,
   or media.
   - Information about the government’s nominee.

 Please send your feedback to Suad Elías at:  op-coalition at escr-net.org +1
(212) 681 1236 Ext 26.

* *
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