<div class="gmail_quote">From: <b class="gmail_sendername">Asako Hattori</b> <span dir="ltr"><a href="mailto:AHattori@ohchr.org">AHattori@ohchr.org</a></span><br><br><font face="sans-serif" size="2">The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights has been approved by the General Assembly.</font> <br>
<font face="sans-serif" size="2">Formal adoption by the GA will take place on 10 December (International Human Rights Day) during the commemoration of the 60th anniversary of the UDHR.</font> <br><br><font face="sans-serif" size="2">Next step will be ratification by States (10 ratification required for the OP to enter into force).</font> <br>
<br><font face="sans-serif" size="2">Text adopted: <a href="http://daccessdds.un.org/doc/UNDOC/LTD/N08/582/44/PDF/N0858244.pdf?OpenElement" target="_blank">http://daccessdds.un.org/doc/UNDOC/LTD/N08/582/44/PDF/N0858244.pdf?OpenElement</a></font> <br>
<br><font face="sans-serif" size="2">Press release (incl. concerns expressed by Member States). Full text: <a href="http://www.un.org/News/Press/docs/2008/gashc3938.doc.htm" target="_blank">http://www.un.org/News/Press/docs/2008/gashc3938.doc.htm</a></font> <br>
<font face="sans-serif" size="2">Excerpt: below</font> <br><br><font size="3"><b>THIRD COMMITTEE RECOMMENDS GENERAL ASSEMBLY ADOPTION OF OPTIONAL PROTOCOL</b></font> <br><br><font size="3"><b>TO INTERNATIONAL CONVENTION ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS</b></font>
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<p><font size="3">In what some called a great step towards the full realization of human rights, delegates to the Third Committee (Social, Humanitarian and Cultural) approved a draft resolution by consensus today that would have the General Assembly adopt a new Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, which would establish a communications procedure for alleged violations of rights under the Covenant.</font>
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<p><font size="3">Also today, the Committee began its consideration of a draft resolution on a moratorium on the use of the death penalty, rejecting seven proposed amendments to the text. It also approved three other draft resolutions, by consensus, on questions relating to refugees, the right to self-determination and on torture and other cruel, inhuman or degrading treatment. A draft resolution on the inadmissibility of certain practices that contribute to fuelling contemporary forms of racism, racial discrimination, xenophobia and related intolerance was also approved, by a recorded vote of 122 in favour, 1 against (United States), and 54 abstentions (Annex I).</font>
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<p><font size="3">The new Optional Protocol to the International Covenant on Economic, Social and Cultural Rights was the result of five years of intensive work, followed by intensive consultations, according to Portugal's representative, the main sponsor of the draft resolution on the issue. Its adoption would be significant in that it would reset the balance between economic, social and cultural rights and civil and political rights, which already has a similar individual complaint mechanism in place. The text before the Committee was a good compromise, based on years of negotiations. While he understood that some States were not in a position to become party to the instrument at the current time, he expressed hope that no obstacles would be put in place for those that wished to have such a mechanism.</font>
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<p><font size="3">Many delegates, speaking before and after action on the draft, said they did not want to be that obstacle, or stand in the way of such a mechanism. However, a number of representatives expressed concerns over whether economic, social and cultural rights were sufficiently suited to an individual complaints mechanism and if they could be held to account in the same way as civil and political rights. As the representative of Poland put it, "International judicial and quasi-judicial procedures are not well suited for the enforcement of many social rights. They invite rulings based on political preferences of the judges, rather than on strict law."</font>
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<p><font size="3">Denmark's delegate, taking it one step further, suggested that the "vague and broad nature" of those rights might, down the road, constitute a risk that the Committee on Economic, Social and Cultural Rights would end up functioning as a legislator, determining the allocation of State resources within that sphere. Other delegates raised similar concerns, while a number of others drew attention to the right to self-determination and whether, as a collective right, it should be addressed within the draft optional protocol's individual complaints mechanism. Despite the differing opinions on the draft, delegates, in a spirit of consensus, chose to approve it without a vote.</font> <br>
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