A/HRC/6/21
page 4
Introduction
1.
In its resolution 4/7 of 30 March 2007, the Human Rights Council decided “to initiate a
process to rectify, in accordance with international law, in particular the law of international
treaties, the legal status of the Committee on Economic, Social and Cultural Rights, with the
aim of placing the Committee on a par with all other treaty monitoring bodies”. In the same
resolution, the Human Rights Council requested the Office of the United Nations
High Commissioner for Human Rights (OHCHR) “to seek the views of States and those of all
other stakeholders on this issue, and to prepare a report containing these views, as well as an
input from the Office of Legal Affairs in this regard, for submission to the last session of the
Human Rights Council in 2007”.
2.
The present report reflects and summarizes the replies received from the Governments of
Australia, Bosnia and Herzegovina, Canada, Colombia, Cuba, Denmark, Dominican Republic,
Finland, Guyana, Ireland, Japan, Liechtenstein, Mauritius, Mexico, Pakistan, Philippines,
Switzerland, Turkey, and the United States of America. The report also includes, in an annex, a
paper entitled “Legal Options for Placing the Committee on Economic, Social and Cultural
Rights on a Par with other Treaty monitoring Bodies”, prepared by the Office of Legal Affairs
(OLA). While OHCHR had sent out requests for information to United Nations agencies and
non-governmental organizations, no responses were received from them.
I. VIEWS ON THE INITIATIVE TO RECTIFY THE LEGAL
STATUS OF THE COMMITTEE ON ECONOMIC,
SOCIAL AND CULTURAL RIGHTS
3.
The Government of Australia indicated that it was not convinced of the need to give
serious consideration to the legal status of the Committee on Economic, Social and Cultural
Rights (CESCR), noting the significant resource implications that any such exercise would have.
Australia noted that it was not aware of any evidence that the creation of CESCR by a resolution
of the Economic and Social Council (ECOSOC) had resulted in any adverse impact on the
effective implementation of economic, social and cultural rights, and that further consideration
should only be given to this issue should further analysis demonstrate and substantiate that the
legal status of CESCR has resulted in such a negative impact.
4.
The Government of Bosnia and Herzegovina indicated that it strongly supported
rectifying the legal status of the CESCR, considering that the United Nations treaty bodies had
contracting character and that the procedures of changing its status needed the opinions of all
States parties on this issue.
5.
The Government of Colombia indicated that the proposal to modify the legal status of the
CESCR was coincident with national programmes and plans, in line with the United Nations
Millennium Goals, to ensure the effective enjoyment of economic, social and cultural rights.
From this perspective, the modification of the Committee’s legal status could serve to give
impetus to the promotion of economic, social and cultural rights in Colombia and in other States
parties to the International Covenant on Economic, Social and Cultural Rights (ICESCR),
bearing in mind the special importance of the concept of progressive realization of these rights in
developing countries like Colombia.
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