To begin with, I would like to thank the organizers of this seminar for their invitation It is for me the opportunity to meet up with friends whom I have not seen for several years and with whom I share the hope for a better world, as well as to debate and exchange on our respective experiences, practices and methodologies in terms of life promotion and protection, and integral development of human beings (men and women from various groups) without distinction of origin.
It is also the opportunity to analyze, discuss and debate on the different mechanisms of promotion, protection and realization of economic, social, cultural, environmental and land-related rights. We will try to share our evaluations based on the Guatemalan experience.
Once it has reviewed the reports submitted by States Parties, and in accordance with articles 16 and 17 of the International Covenant on Economic, Social and Cultural Rights, the UN Committee on ESC rights issues its “Concluding Observations”, divided in five parts as follows:
- Introduction
- Positive aspects
- Considerations and difficulties
- Main issues of concern
- Suggestions and recommendations
As it has already been discussed, the Committee on ESC rights clearly has a limited power and showed weaknesses regarding the implementation of its own recommendations, which raises the following question: “How to monitor recommendations issued by international human rights authorities mechanisms?”
That is precisely what we will try to answer throughout this presentation, based on the Guatemalan experience.
At the Bamako international conference, we tackled the importance of the shadow report, dealing more especially with its drafting process and presentation in front of the Committee on ESC rights. Now, we need to focus on the monitoring of the Committee on ESC rights’ concluding observations. It is indeed from that phase on that monitoring strategies should be developed by social organizations in order to ensure the State’s compliance with the recommendations.
Here are a few suggestions of how to develop a monitoring strategy:
A. Individual processing of data according to the situation of each right
In order to draft its report for submission to the Committee on ESC rights, the State performs a global analysis and synthesis of the different rights according to a given context and temporality; however, when it comes to monitoring the recommendations, you may want to deal with each right individually for a more dynamic and thorough analysis.
A specific report can be made for each right, or at least for each of the following topics:
- Decent standard of living – elimination of poverty
- Food and clothing
- Decent housing
- Education
- Health
- Social security
- Children’s and young people’s rights
- Employment and working rights
- Women’s rights
- Access to land
- Environment
- Culture, science and protection of the cultural heritage
B. Creation of coordination spaces to ensure the monitoring
When dealing with the shadow report, we stressed the necessity to facilitate the formation of alliances and/or coordination spaces. It is necessary to maintain those spaces or create new ones, such as observatories that can adopt a global perspective or ensure the monitoring of specific rights.
- Formation of specialized teams
- Monitoring and search for new sources of information
- Awareness raising
- Research
- Permanent dissemination of the results
- The use of other international mechanisms of human rights protection (besides the Committee on ESC rights)
- Advocacy with international stakeholders and spaces
- Advocacy with public officials
- Financing of public policies
- Budget monitoring
- Propositions for legislative changes
Formation of specialized teams
It is necessary to build institutional capacities on a permanent basis in order to appropriate the methodology of drafting regular monitoring reports, instead of occasionally calling for consultants. Thus, one organization at least needs to include the periodical drafting of such reports among its working axes.
Monitoring and search for new sources of information
Drafting an annual report allows evaluating the ESC rights situation on a permanent basis, in relation with every State’s international obligations, as stated by the bodies and instruments of the human rights universal system. Considering the difficult task it is to collect information, specific or thematic reports can replace a global report on all ESC rights.
What we need is to break with the dynamics of the covenant which stipulates that each State party shall submit a report every five years - all the more as, in reality, those five years often turn into eight or ten years. The reports must constitute permanent tools both at national and international levels.
Raising public opinion’s awareness
Public opinion has to be kept informed via the media: indeed, the bigger the media coverage is, the more our theme will get people’s attention. We need to circulate first of all the content of the Committee’s concluding observations and the monitoring carried out by social organizations. It is essential to develop a communication strategy in order to keep the population informed on the target theme and make our propositions more visible.
Thematic research
The research aims at analyzing the situation of each right in depth in order to identify problems and their causes, developments and consequences so as to be able to make recommendations and suggestions. Research work will be carried out on the field with a view to making suggestions for the implementation and/or modification of the sectoral policy. Such thematic research expands the framework of inter-institutional alliances and allows developing more relationships and collaborations.
Permanent dissemination of the results
Press conferences and statements, periodical reports, publications on specific themes, statistic and budgetary analysis must be circulated in the media, besides the report, on a permanent basis.
The use of other international mechanisms of human rights protection (besides the Committee on ESC rights)
Human rights protection mechanisms shouldn’t be used solely by human rights organizations: it is important for us to know all the different instruments provided by the Human rights universal system, as well as inform and assist social groups and organizations so that they learn how to use such mechanisms.
Advocacy with public officials and institutions
In addition to the dissemination of the monitoring results, an advocacy strategy will be developed so that the different institutions (Ministries, Offices of the chief administrative officers, etc.) know and implement the reform propositions. Likewise, actions will be directed at members of parliament in order to have sectoral reforms implemented (e.g. raising the social expenditure budget)
Trying to influence the different ministers’ or more generally the government’s political will towards our objectives will be one of our permanent working axes
Analyze the financing of public policies and monitor budgets
Monitoring actions can also be carried out on the financing of ESC rights-related public policies, in order to bring to light and inform on their nature and orientation, real achievements and multiplier effect. Such actions would allow building civil society’s capacities to carry out monitoring and social audit and influence the State so that sectoral policies meet people’s expectations and demands as well as the international human rights standards.
Propositions for legislative changes
It is necessary to identify which elements of the legislation are an obstacle to the effective access to ESC rights, and thus change or update such legislation, propose new laws, or adapt the legislation to the international ESC rights agreements, treaties and instruments ratified by the Guatemalan State.
Finally, it is necessary to maintain and promote the permanent spaces for discussion, exchange and methodology / skills learning in human rights matters, at national, regional and international levels.
