Chapter 2: Obligation to mobilise resources for human rights realisation: legal basis and guiding principles This chapter examines the legal basis, related obligations and guiding principles for resource mobilisation as they have been interpreted by treaty bodies and special procedures. From the outset, it is important to note that special procedures and treaty bodies are not always explicit about the meaning of ‘resources’ in their work. They have not provided a definition of the term. The Oxford English Dictionary defines resources as ‘a country’s collective means of supporting itself or becoming wealthier, as represented by its reserves of minerals, land, and other natural assets’; and ‘a stock or supply of money, materials, staff, and other assets that can be drawn on’.18 Thus, according to the ordinary meaning of the term, and the object and purpose of human rights treaties,19 ‘resources’ should be regarded in a broad sense as including all elements at states’ disposal that can be drawn on to realise human rights. 2.1 Legal basis of the obligation to mobilise resources The main basis for the obligation to mobilise resources lies in the texts of international treaties that enshrine obligations to take steps for human rights implementation; the obligation to devote maximum available resources to compliance with economic, social and cultural rights; in addition to international assistance and cooperation. These obligations are included in major human rights treaties and have been further developed by human rights treaty monitoring bodies. Examples of key provisions include [emphasis author’s own]: Article 2(2) ICCPR: ‘[E]ach State Party to the present Covenant undertakes to take the necessary steps, in accordance with its constitutional processes and with the provisions of the present Covenant, to adopt such laws or other measures as may be necessary to give effect to the rights recognised in the present Covenant.’20 Article 2(1) ICESCR: ‘Each State Party to the present Covenant undertakes to take steps, individually and through international assistance and co-operation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realisation of the rights recognised 18 See https://en.oxforddictionaries.com/definition/resource accessed 30 September 2017. 19 Art 31(1) Vienna Convention on the Law of Treaties: ‘A treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose’. 20 See also CCPR General Comment No 31 (2004) on the nature of the general legal obligation imposed on States Parties to the Covenant (2004) UN Doc CCPR/C/21/Rev.1/Add.13, para 7, which specifies that measures include ‘legislative, judicial, administrative, educative and other appropriate measures’. 26 The Obligation to Mobilise Resources: Bridging Human Rights, Sustainable Development Goals, and Economic and Fiscal Policies   December 2017