Aug 31, 2018 | Advocacy, Non-legal submissions
Today, the ICJ made a submission to the Committee on Economic, Social and Cultural Rights in advance of Committee’s examination of South Africa’s initial periodic report under the International Covenant on Economic, Social and Cultural Rights. South Africa ratified the Covenant in 2015.
When CESCR convenes to consider South Africa’s report on 2-3 October 2018, it will therefore be the first time that the Committee has the opportunity to review a report from South Africa on the implementation of its Covenant obligations.
In its submission, supplementing submissions made by a range of South African civil society organizations, the ICJ drew the Committee’s attention to:
a) South Africa’s incomplete discharge of its obligations in terms of the Covenant;
b) The South African Government’s need for guidance from the Committee on the discharge of its obligations in terms of the right to work;
c) The South African Government’s need for guidance from the Committee on the discharge of its obligations in terms of the right to an adequate standard of living;
d) The South African Government’s failure to report effectively and accurately on its efforts to realize the ESC rights of persons with disabilities;
e) The uncertain status of the South African Government’s commitment to the enactment of legislation to ensure the implementation of the Covenant;
f) The uncertain status of the South African Government’s intention to ratify the Optional Protocol to the Covenant; and
g) The uncertain status of the South African Government’s declaration with regard to the right to education.
The ICJ’s submission invites CESCR to make various specific recommendations to the Government of South Africa in its Concluding Observations on each of these issues. Broadly, the ICJ also invites CESCR to recommend to the Government of South Africa time-bound commitments to processes leading to:
1. The full domestication of Covenant in South African law;
2. A comprehensive review of South Africa’s domestic laws and policies on ESC rights to ensure that they are implemented consistently with South Africa’s obligations in terms of the Covenant; and
2. The ratification of Optional Protocol to the International Covenant on Economic, Social and Cultural Rights.
The ICJ’s submission also supports submissions by civil society organizations and the South African Human Rights Commission inviting CESCR to recommend that South Africa withdraw its declaration relating to its “immediate” obligations in terms of the Covenant right to education.
Finally, the ICJ considers it critical that the South African Government reflect on the ways in which the Covenant to increases, alters and nuances the nature and content of its human rights commitments and obligations in terms of the realization of economic, social and cultural rights.
This the ICJ submits is particularly crucial in regard to rights which are entrenched in the Covenant but not the South African Constitution such as the right to work (Articles 6-8) and the right an adequate standard of living (Article 11).
In undertaking this process, the ICJ submits that due regard should be had the standards set out in the Covenant as interpreted by the Committee in its general comments.
SouthAfrica-ICJSubmissionCESCR-Advocacy-Non-legal submission-2018-ENG (full text, PDF)
May 16, 2017 | News
Non-governmental organisations interested in participating in UN human rights mechanisms have until 1 June 2017 to submit an application for consideration during 2017.
The International Commission of Jurists, which itself has had consultative status with the UN since 1957, has been requested by the United Nations to disseminate the following information about the upcoming deadline for other interested NGOs to obtain UN consultative status:
1 June 2017 is the last day for Non-Governmental Organizations to apply for consultative status with the Economic and Social Council (ECOSOC), in order to have an opportunity to take part in UN deliberations. ECOSOC consultative status is governed by ECOSOC resolution 1996/31, which outlines the eligibility requirements for consultative status, rights and obligations of NGOs in consultative status, procedures for the withdrawal or suspension of consultative status, the role and functions of the ECOSOC Committee on NGOs, and the responsibilities of the UN Secretariat in supporting the consultative relationship. Consultative status is granted by ECOSOC upon recommendation of the ECOSOC Committee on NGOs, which is composed by Member States.
Who is eligible for applying?
Consultative relationships may be established with international, regional, sub regional and national non-governmental, non-profit public or voluntary organizations. NGOs affiliated to an international organization already in status may be admitted provided that they can demonstrate that their programme of work has direct relevance to the aims and purposes of the United Nations.
To be eligible for consultative status, an NGO must have been in existence (officially registered with the appropriate government authorities as an NGO/non-profit) for at least two years, must have an established headquarters, a democratically adopted constitution, authority to speak for its members, a representative structure, appropriate mechanisms of accountability and democratic and transparent decision-making processes. The basic resources of the organization must be derived in the main part from contributions of the national affiliates or other components or from individual members.
What are the benefits?
NGOs that are accredited with ECOSOC can participate in a number of events, including, but not limited to regular sessions of ECOSOC, its functional commissions and its other subsidiary bodies. NGOs may:
- Attend official meetings;
- Submit written statements prior to sessions;
- Make oral statements;
- Meet official government delegations and other NGO representatives;
- Organize and attend parallel events that take place during the session;
- Participate in debates, interactive dialogues, panel discussions and informal meetings.
Organizations established by governments or intergovernmental agreements are not considered NGOs.
Information about how to apply is available here: http://csonet.org/index.php?page=view&nr=377&type=230&menu=14
Please note that ICJ is not itself involved or in a position to assist with applications for UN consultative status and all queries should be directed to the UN.
May 25, 2016 | Advocacy, Open letters
More than 230 non-governmental organizations (NGO) world wide have called on members of the UN’s Economic and Social Council to reform the practice of the UN Committee on NGOs, and to ensure apolitical, fair and transparent consideration of NGO applications for access to UN processes.
The response has been sparked by the long-term practice of some States to delay or effectively block certain NGOs from participation at the UN, through perpetual questioning and multiple deferrals of applications for accreditation.
In doing so, the Economic and Social Council (ECOSOC) Committee on NGOs has turned what should be largely an administrative role into the obstruction of NGOs working on issues on which States disagree. Human rights organisations are amongst those facing the most obstacles.
The joint open letter may be downloaded in PDF format here: UN-NGOCommittee-OpenLetter-2016
Jul 25, 2002 | News
The ICJ applauded the decision yesterday by the United Nations Economic and Social Council to adopt a treaty aimed at preventing torture. Its adoption has been a strong priority for the ICJ.