Chapter 2 | Page 83
States are required to report on ‘factors and difficulties’ and to exchange
information with other States as a basis for seeking international assistance.191
However, the quality of State reporting on the ICESCR suffers from a number
of deficiencies, including incompleteness, failure to address material issues
and inappropriate or inadequate data.192
In the absence of a formal mechanism of complaints in relation to the rights
recognised in the ICESCR, the need for an Optional Protocol was discussed
by the ESCR Committee for some time. A report on a draft optional protocol
was submitted to the United Nations Commission on Human Rights at the
conclusion of the Committee’s considerations at its 15th session.193 The
process of finalising and adopting the Optional Protocol, however, proved
difficult, despite the commitments made in the Vienna Declaration and
Programme of Action.194 With the new mandate granted to the working group
by the Human Rights Council in 2006, the draft was finalised and submitted to
the Human Rights Council in 2008 and was adopted by the UN General
Assembly on 10th December 2008. The Optional Protocol was opened for
signature and ratification or accession on 24 September 2009 and, pursuant
to Article 18(1), was to enter into force three months after the deposit of the
10th instrument of ratification.195 As of August 2015, the Optional Protocol had
been ratified by 21 States.196
191
CESCR General Comment No 1, E/1989/22, above n 187, [3] [7] [8] [9].
192
Eibe Riedel, Gilles Giacca and Christophe Golay, 'The Development of Economic, Social,
and Cultural Rights in International Law' in Eibe Riedel, Gilles Giacca and Christophe
Golay (eds), Economic, Social, and Cultural Rights in International Law: Contemporary
Issues and Challenges (Oxford University Press, Oxford, 2014) 3-48, 23.
193
Economic and Social Council, Report of the Committee on Economic, Social and Cultural
Rights to the Commission on Human Rights on a draft optional protocol for the
consideration of communications in relation to the International Covenant on Economic,
Social and Cultural Rights, 53rd sess, Agenda Item 14, UN Doc E/CN.4/1997/105 (18
December 1996).
194
Vienna Declaration and Programme of Action, A/CONF.157/23, above n 30, [75].
195
Uruguay became the tenth state to ratify (on 5 February 2013) and the Optional Protocol
entered into force on 5 May 2013.
196
The States parties to the ICESCR-OP are: Argentina, Belgium, Bolivia, Bosnia and
Herzegovina, Cabo Verde, Costa Rica, Ecuador, El Salvador, Finland, France, Gabon,
Italy, Luxembourg, Mongolia, Montenegro, Niger, Portugal, San Marino, Slovakia, Spain,
and Uruguay. See, United Nations, United Nations Treaty Collection: Chapter IV Human
Rights- Optional Protocol to the International Covenant on Economic, Social and Cultural
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