E/C.12/1999/4
page 3
8.
Adoption of a detailed plan. The State party is required to adopt a
plan of action within two years. This must be interpreted as meaning within
two years of the Covenant's entry into force of the State concerned, or within
two years of a subsequent change in circumstances which has led to the
non-observance of the relevant obligation. This obligation is a continuing
one and States parties to which the provision is relevant by virtue of the
prevailing situation are not absolved from the obligation as a result of their
past failure to act within the two-year limit. The plan must cover all of the
actions which are necessary in order to secure each of the requisite component
parts of the right and must be sufficiently detailed so as to ensure the
comprehensive realization of the right. Participation of all sections of
civil society in the drawing up of the plan is vital and some means of
periodically reviewing progress and ensuring accountability are essential.
Without those elements, the significance of the article would be undermined.
9.
Obligations. A State party cannot escape the unequivocal obligation to
adopt a plan of action on the grounds that the necessary resources are not
available. If the obligation could be avoided in this way, there would be no
justification for the unique requirement contained in article 14 which
applies, almost by definition, to situations characterized by inadequate
financial resources. By the same token, and for the same reason, the
reference to “international assistance and cooperation” in article 2.1 and to
“international action” in article 23 of the Covenant are of particular
relevance in this situation. Where a State party is clearly lacking in the
financial resources and/or expertise required to “work out and adopt” a
detailed plan, the international community has a clear obligation to assist.
10.
Progressive implementation. The plan of action must be aimed at
securing the progressive implementation of the right to compulsory primary
education, free of charge, under article 14. Unlike the provision in
article 2.1, however, article 14 specifies that the target date must be
“within a reasonable number of years” and moreover, that the time-frame must
“be fixed in the plan”. In other words, the plan must specifically set out a
series of targeted implementation dates for each stage of the progressive
implementation of the plan. This underscores both the importance and the
relative inflexibility of the obligation in question. Moreover, it needs to
be stressed in this regard that the State party's other obligations, such as
non-discrimination, are required to be implemented fully and immediately.
11.
The Committee calls upon every State party to which article 14 is
relevant to ensure that its terms are fully complied with and that the
resulting plan of action is submitted to the Committee as an integral part of
the reports required under the Covenant. Further, in appropriate cases, the
Committee encourages States parties to seek the assistance of relevant
international agencies, including the International Labour Organization (ILO),
the United Nations Development Programme (UNDP), the United Nations
Educational, Scientific and Cultural Organization (UNESCO), the United Nations
Children's Fund (UNICEF), the International Monetary Fund (IMF) and the
World Bank, in relation both to the preparation of plans of action under
article 14 and their subsequent implementation. The Committee also calls upon
the relevant international agencies to assist States parties to the greatest
extent possible to meet their obligations on an urgent basis.
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