A/HRC/23/20
cooperation, in particular in the field of human rights, an operational definition was
nevertheless needed.
25.
In the ensuing debate, the importance of international cooperation to reinforce
economic, social and cultural rights to address real gaps was emphasized. In that respect,
ODA and the cancelling of debts was mentioned with regard to developing countries unable
to meet the Millennium Development Goals or indeed the objectives of the post-2015
development agenda. The negative impact of structural adjustment programmes, economic
sanctions and conditionality was also discussed.
26.
The entry into force of the Optional Protocol to the International Covenant on
Economic, Social and Cultural Rights, following ratification by Uruguay, was seen as a
welcome step forward. A number of questions and comments of participants referred to the
role of human rights mechanisms, in particular treaty bodies, in cooperation. The
recommendations of such mechanisms were seen by some speakers as a form of technical
assistance, while the Optional Protocol was a further guarantee, given that it opened a new
avenue to recourse. The entire process of follow-up to concluding observations of treaty
bodies was based on the principle of cooperation; follow-up was an area where the treaty
body could heighten their effectiveness.
27.
In the assessment of some participants, human rights mechanisms had made little
progress in terms of cooperation since 1993, in spite of the Vienna Declaration and
Programme of Action, and reiterated the need to adhere to the principles of non-selectivity,
universality, impartiality but also the sovereignty of States, and respect for the plurality of
different cultural, economic and political systems. In establishing the Human Rights
Council, the General Assembly, in its resolution 60/251, laid down that cooperation should
become the foundation of all its functions, from which the Council derived its authority and
credibility. Challenges in the field of human rights could only be addressed through equal
international cooperation, which took different forms.
28.
Participants stressed the importance of cooperation among States to improve the
situation of human rights in other countries. They also recalled, however, that the
cooperation of States parties with monitoring mechanisms was an important obligation. The
commemoration of the Vienna Declaration and Programme of Action offered an
opportunity to examine different forms of cooperation.
29.
With regard to the question of sanctions, the Committee on Economic, Social and
Cultural Rights had debated this issue in detail in in discussions on its general comment No.
8 (1997).3 Starting on the assumption that sanctions were a reality, the Committee
understood that its role was to articulate a framework of the impact that such sanctions may
have on the economic, social and cultural rights of the population. The Committee had no
role to play in relation to decisions on whether to impose sanctions, although it did have a
responsibility to monitor compliance by all States parties with the Covenant. When
measures that inhibited the ability of a State party to meet its obligations under the
Covenant were taken, the terms of sanctions and the manner in which they were
implemented became matters for concern for the Committee. Economic, social and cultural
rights had to be taken fully into account when designing sanction regimes. It was also stated
that this was a delicate matter, and discussions thereon had continued since the adoption of
the general comment. A major persisting concern was that, in practice, the poor and
vulnerable bore the brunt of sanctions, as highlighted by a number of speakers.
30.
On the question of whether there was a right to international cooperation, some
speakers believed that such a right indeed existed. Reference was made to a similar
3
8
E/C.12/1997/8.
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