The NGO Coalition for an OP to the ICESCR brings together individuals and organisations who support the development of an OP to the ICESCR.

An Optional Protocol to the ICESCR will provide victims of violations of economic, social and cultural rights access to international justice.

It would establish a communications procedure that would enable individuals and groups to file complaints before the CESCR Committee for specific violations of the rights contained in the Covenant. Similar procedures are already available for violations of other international and regional human rights treaties.

The primary purpose of the NGO Coalition for the OP to the ICESCR is to advocate for the adoption and use of an effective OP to the ICESCR.

Members of the Coalition have identified five key elements for an effective OP. Each is a minimum requirement for the Optional Protocol that should be promoted by all NGOs wishing to contribute to the process of making the OP to the ICESCR a meaningful human rights instrument.

ELEMENT ONE: The OP should contain at least two procedures: (1) a Communication Procedure and (2) an Inquiry Procedure.

The NGO Coalition also supports the inclusion of other important procedural elements, such an early warning/emergency procedures mechanism, interim measures in cases of immediate or irreparable harm to complainants, and effective remedies and follow-up measures. An inquiries procedure, including fact-finding missions to the State Party concerned, would enable the CESCR Committee to launch, at its own initiative, investigations into grave and/or systematic violations of the rights contained in the Covenant.

ELEMENT TWO: The Procedures established under the OP to the ICESCR should be available to victims of violations of ANY substantive right enshrined in the Covenant. The procedures under the OP to the ICESCR should extend to ALL the rights set forth in the Covenant.

The OP to the ICESCR must be comprehensive in its coverage and should include all the rights contained in the ICESCR, including the right to self-determination.

ELEMENT THREE: The violations to be reviewed under the Procedures established under the OP to the ICESCR should be linked to all levels of state obligations.

This should include the obligations to respect, protect, and fulfil economic, social and cultural rights. It should also include all components of a right, and not simply the “core” rights or “minimum rights”.

ELEMENT FOUR: Standing should extend to individuals, groups and organisations.

The capacity to submit complaints under an OP should extend to individuals, groups of individuals, and organisations (including NGOs and trade unions). The OP should enable complaints to be submitted by or on behalf of individuals, groups of individuals and organisations.

ELEMENT FIVE: No reservations should be allowed under the Optional Protocol to the ICESCR.

In addition to these five core elements, the Coalition also believes that other issues are important and should continue to be discussed during the process of advocating for an OP, including the capacity to address and acknowledge the role of international cooperation in the realisation of ESCR and the responsibilities of non-state actors, in particular transnational corporations. Once discussions around an OP progress to the drafting of the mechanism, the NGO Coalition will advocate for progressive approaches towards other more procedural elements such as the exhaustion of local remedies rule and the protection of complainants against reprisals.

The Coalition Aims

The Coalition aims to achieve its purpose of promoting the adoption of an effective OP to the ICESCR by:

• developing and providing information and materials which will facilitate the advocacy of individuals and organisations working for the adoption of an OP to the ICESCR
• mobilising national, regional and international organisations and individuals to engage in public education and advocacy for an OP to the ICESCR
• facilitating communication between interested parties
• engaging in public education and direct advocacy as appropriate
• consulting with relevant individuals and organizations about critical issues in the development of an effective OP
• developing strategies and seeking funding as appropriate to secure the development and adoption of an effective OP to the ICESCR

The Coalition will make statements which reflect the core elements elaborated above, and members of the Coalition will be associated with these statements.

Organisations unable to join the Coalition will be able to associate themselves with a limited number of statements.

Organisations unable to join the Coalition will be able to associate themselves with a limited number of statements.

Members of the Coalition commit to:

1. sharing information about the OP to the ICESCR campaign on their activities
2. sharing resources which support the principles of the Coalition
3. sharing strategies for lobbying

The Coalition is directed by a Steering Committee. The Steering Committee comprises of representatives from the following organisations:

• Centre on Housing Rights and Evictions (COHRE), Geneva
• FoodFirst Information and Action Network (FIAN), Germany
• International Commission of Jurists (ICJ), Geneva
• International Women’s Rights Action Watch Asia-Pacific (IWRAW A-P), Malaysia
• Inter-American Platform of Human Rights, Democracy and Development (PIDHDD), Brazil

Bruce Porter and Magdalena Sepulveda are also members of the Steering Committee in an individual capacity. Membership of the Steering Committee will be reviewed after the 2006 Working Group.

The work of the Steering Committee is guided by a Memorandum of Understanding which establishes financial contributions and administrative relationships. When funding is available, the Steering Committee of the NGO Coalition contracts a part-time Coordinator (Caroline Lambert).

Further information on the Coalition can be obtained by visiting www.escrprotocolnow.org or emailing info@escrprotocolnow.org. To join the Coalition, please complete a Membership Form (available on the website) and email it to membership@escrprotocolnow.org. To join the Coalition email list please visit www.nwjc.org.au/avcwl/lists/info/op-icescr.html.