Chapter 3 | Page 113
are at a disadvantage not only in raising sufficient revenue but they are also
often burdened with debt, both foreign and domestic, which weakens the
State’s ability to effectively manage its resources.
3.3.3 Resources through international assistance and co-operation
Resources that are available through international assistance and cooperation are imperative to supplement domestically available resources.
While States that lack sufficient resources to implement the rights recognised
in the ICESCR are under an obligation to seek international assistance, the
question of the extent to which, if at all, resource-rich countries have an
obligation to provide assistance is still debated.53 Recently, during the drafting
of the ICESCR-Optional Protocol, the Netherlands, Spain, Sweden and the
United Kingdom emphasised that the State had the primary responsibility to
implement its obligations54 and that international co-operation does not
constitute a legal obligation, although it can be understood as a moral
obligation.55
The need for international assistance and co-operation was envisaged at the
very early draft stage of the ICESCR.56 The discussions show that the issue
of international co-operation was discussed in the context of State resources,
particularly the need for States with insufficient resources to be able to access
international support for the realisation of these rights.57 Thus, there was
significant support from many States for the US proposal to include
53
Hugh King, 'The Extraterritorial Human Rights Obligations of States' (2009) 9 Human
Rights Law Review 521-556.
54
Report of the Open-ended Working Group to consider options regarding the elaboration of
an optional protocol to the International Covenant on Economic, Social and Cultural Rights
on its third session, 62nd sess, UN Doc E/CN.4/2006/47 (14 March 2006), [81].
55
Report of the open-ended working group to consider options regarding the elaboration of
an optional protocol to the International Covenant on Economic, Social and Cultural Rights
on its second session, 61st sess, UN Doc E/CN.4/2005/52 (10 February 2005 ), (UK, the
Czech Republic, Canada, France and Portugal).
56
See, Michał Gondek, The Reach of Human Rights in a Globalising World: Extraterritorial
Application of Human Rights Treaties (Intersentia, Antwerp, 2009), 299.
57
United Nations General Assembly, Official Records, 3rd Comm, UN Doc A/3525 (9
February 1957), [131].
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