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60th session of the Committee on ESCR

60th session of the Committee on ESCR

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ESC Rights Update from Geneva: 60th session of the Committee on Economic, Social and Cultural Right

 

March 2017

The Committee on Economic, Social and Cultural Rights (CESCR) held its 60th session from 20 to 24 February 2017. This Update provides a summary of the meetings and key developments.This session was unusual because it was only for one week and no State dialogues were scheduled.  Therefore, much of the Committee’s session was held in private in order to discuss thematic issues, working methods, non-reporting States, proposed General Comments and Communications under the OP-ICESCR. During its opening meeting, the Committee held a minute of silence in honour of the recently deceased Sir Nigel Rodley, former member and Chairperson of the Human Rights Committee and Arundhati Ghose, former member of CESCR.

Committee membership and office holders Three new members of the Committee commenced their terms this session: Ms Sandra Leibenberg (South Africa) Ms Laura-Maria Craciunean-Tatu (Romania) Mr Michael Windfuhr (Germany)

The Chairpersonship of Mr Waleed Sadi came to an end and the Committee elected Ms Virginia Bras Gomes (Portugal) to the Chair. A new Bureau was also elected, consisting of: Ms Heisoo Shin (Republic of Korea), Mr Zdzislaw Kedzia (Poland) and Mr Mohamed Ezzeldin Abdel-Moneim (Egypt) as Vice Chairs of the Committee, and Lydia Carmelita Ravenberg (Suriname) as the Rapporteur of the Committee. A new working group on communications was also determined.

State Reporting Procedure During the ‘pre-session’ (27 February - 3 March) the Committee considered Lists of Issues for the following States: Colombia, Mexico, Republic of Korea, Republic of Moldova, Russian Federation The Committee has published Lists of Issues for these States HERE. The dialogue for each of these States will be held at the 62nd Session (18 September – 6 October 2017).

Follow up At this session the Committee agreed to a new follow up procedure which will commence operation in the 61st session in June. Additional information about the new procedure will be made available in June.

Overdue and non-reporting States There are a large number of States Parties to the Covenant who are significantly overdue in submitting their State report, including many States Parties for whom it is their initial report. To address this issue the Committee held a private meeting with non-reporting States on 23 February 2017 and nine States participated in this meeting.

One outcome of the meeting was that where a State submits a long overdue initial report, it will be offered a dialogue as soon as possible after the report is submitted and without the need for a List of Issues or Replies. The Committee is conscious of ensuring that, in these circumstances, there is sufficient time for civil society to participate in the process.

The Secretariat has published a summary of the reporting status of all State Parties to the Covenant. It shows which States are overdue in reporting, including some States that have never reported. Civil society organisations may wish to use the report to identify when a State is due to submit its report, whether it is overdue and to encourage the State to engage in the reporting process.

Another useful resource which provides the reporting status for each State for all human rights treaties can be found HERE.

Thematic areas of work

ESC rights in the context of business activities. The Committee held its ‘Day of Discussion’ on ‘the Draft General Comment on State Obligations under the International Covenant on Economic, Social and Cultural Rights in the Context of Business Activities’ on 21 February 2017. The Day of Discussion was open to all stakeholders and the level of participation was very high with over 100 participants, including 19 States and the European Union, national human rights institutions, civil society organizations, trade unions, corporate lawyers, human rights lawyers, researchers and academics.

Our blog on the Day of Discussion can be found HERE. More information about the Day of Discussion is available HERE.

Refugees and Migrants The Committee adopted a Public Statement on ‘The Duties of States Towards Refugees and Migrants under the International Covenant on Economic, Social and Cultural Rights’ (E/C.12/2017/1).

The Statement provides clear and concise guidance to States on their duties under the ICESCR towards refugees, asylum seekers and migrants. It confirms that States’ obligations apply to ‘all persons under its jurisdiction’ which includes refugees, asylum seekers and migrants, including those in an irregular situation (ie. documented and undocumented migrants).

The Committee highlights that States have immediate obligations to ensure that their measures to realise Covenant rights do not discriminate on the grounds of nationality or legal status and that any distinction, exclusion, restriction or preference or other differential treatment on those grounds must be in accordance with the law, pursue a legitimate aim and be proportionate to the aim pursued. A lack of available resources is not a sufficient justification for discriminatory treatment and the non-discrimination obligations require States to pay specific attention to the practical obstacles faced by vulnerable groups, such as asylum seekers and migrants.

The Committee notes the exception set out in Article 2(3) of the Covenant which permits developing countries to determine to what extent they will guarantee the economic rights recognised in the Covenant to non-nationals. This applies only to developing countries and only to ‘economic rights’ such as access to employment and does not relate, for example, to the right of each child to education, which should be recognised independently of nationality or the legal status of her or his parents.

The Committee explains also that the essential minimum content of each right must be ensured to all people under the ‘State’s effective control, without exception’ and, importantly, States ‘would not, in principle, be justified in restricting the enjoyment of the essential content of the Covenant rights on the basis of a lack of resources, even when confronted with a sudden and quantitatively significant flow of refugees.’ It stresses that ‘core obligations are non-derogable, they continue to exist in situations of conflict, emergency and natural disaster.’

The Committee also underlines the specific vulnerability of undocumented migrants, who often lack the documentation necessary to access social services and whose irregular legal status and the fear of being deported inhibits their access to services and willingness to complain, for instance, about mistreatment at work. The Statement then steps through the obligations and some of the common challenges with respect to health, work, housing and social security rights, emphasising that any restrictions on access to these services/rights should be reasonable and proportionate.

The importance of data collection regarding refugees, asylum seekers and migrants, to aid policy and strategy development and service provision, is also highlighted in the Statement. Finally, the Committee recalls the obligations of international co-operation and notes the importance of these obligations in the context of a sudden influx of refugees and migrants and states that it sees: ‘any measure that States parties adopt to support the realisation of the rights of the Covenant on the territory of other States as contributing to the aims of the Covenant.’

Proposed General Comments The Committee discussed in private a proposed General Comment on article 15 and one on economic, social and cultural rights, development and the environment. It also considered and accepted a proposal to commence the elaboration of a new General Comment related to land and economic, social and cultural rights.

Communications under the OP-ICESCR The Committee considered two Communications during this session and found both inadmissible. This continues the trend of a high number of inadmissible Communications. The decisions will be published in the coming weeks.

Practical matters During the May/June 2017 session there will be a change of practice in respect of the time for NGOs to brief the Committee.  The convention has been for this briefing to occur on the Monday morning of the week during which the relevant State dialogue is scheduled.  However, instead, the NGO briefings will be held:

Monday 29 May 15:00    - For NGO briefings on Australia, Uruguay & Netherlands Tuesday 6 June 15:00    - For NGO briefings on Liechtenstein & Sri Lanka Monday 12 June 10:00   - For NGO briefings on Pakistan

The deadline for NGO reports for the Pre-sessions has changed.  NGO reports will now be due 8 weeks (but preferably 10 weeks) before the start of the Pre-session. Therefore, for the next Pre-session (9 October – 12 October 2017 – Argentina, Germany & Turkmenistan) the deadline for NGO reports is 14 August 2017.

Next session

The sixty-first session of the Committee will be held from 29 May to 23 June 2017 during which the Committee will consider the reports of:

Australia (30 & 31 May) Liechtenstein (7 & 8 June) Netherlands (1 & 2 June) Pakistan (12, 13 & 14 June) Sri Lanka (8 & 9 June) Uruguay (31 May & 1 June)

The Programme of Work for the 61st session (including the schedule of Dialogues) is HERE.

The deadline for civil society reports/submissions in respect of the review of these countries is 18 April 2017 (preferable), but 5 May at the latest.

For those intending to attend the session, accreditation requests must be submitted to the CESCR Secretariat (This email address is being protected from spambots. You need JavaScript enabled to view it.) at least 10 days prior to the start of the session.

There will be no Pre-sessional Working Group meeting at this session.

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Climate and Environmental Justice

We have advanced rights-based and gender-transformative transition frameworks through research that centres the lived experiences of women and marginalised communities on the frontlines of extractive energy policies, promoting climate and energy frameworks attentive to the social and care-related impacts of transition pathways. We have developed a clear vision for a gender-just transition, firmly rooted in gender and human rights norms, establishing both the legal basis and the direction for the transformative changes our planet and societies urgently need. In particular, the ‘Guiding Principles for Gender Equality and Human Rights in the Energy Transition’, a collective effort built through online consultations, an in-person workshop and multiple rounds of revision with activists, practitioners and experts from around the world, outline a transformative vision for reshaping global energy systems through a human rights and gender equality lens.

Our work recognises that the climate emergency is both an existential threat and an opportunity to reimagine societies built on social, gender, economic and environmental justice. We ground our advocacy in feminist and intersectional principles, prioritising the agency and perspectives of communities in the Global South who have contributed the least to the climate emergency yet face its most devastating consequences. Central to our approach is the understanding that energy is not merely a commodity but a fundamental human right; essential for dignity, health, education, work and the realisation of countless other rights. We challenge approaches to the energy transition that risk replicating the harmful patterns of fossil fuel extraction and, instead, advocate for transformative policies that ensure human rights and gender equality as central to building climate-resilient societies rooted in dignity, justice and planetary well-being.

What's next?

We will continue to challenge approaches that treat energy transition as merely a technical shift, instead positioning it as an opportunity to reimagine economies and societies rooted in dignity for all, with particular attention to communities in the Global South who have contributed least to the climate emergency yet are most exposed to its worst effects.

We will connect community-level evidence and the lived experiences of those on the frontlines of extractive policies to national reform and global norm-setting, breaking down silos between human rights, gender, and climate movements, and advancing a shared vision that recognises just transitions as not only fundamental to achieving climate-resilient and sustainable societies, but as transformative pathways that advance social and gender equality, redistribute power and resources equitably, and ensure that energy systems serve the public good rather than profit.

We will mainstream rights-based and genderjust transition priorities in key multilateral spaces (particularly, within the Just Transition Work Programme and the to-be-developed Just Transition Mechanism, within the UNFCCC) to guarantee that just transitions are advanced at all levels.

We will also translate our work, through strategic advocacy, into at least two concrete policy wins, whether promoted, adopted, implemented, or scaled, in priority countries (Argentina, Brazil, Chile, Mexico, Colombia, South Africa, or Kenya), ensuring these policies align with human rights standards, centre gender equality, and reflect the needs and views of affected communities.

We will build momentum for the progressive recognition of the right to sustainable energy to shift dominant narratives away from purely extractive solutions that sideline gendered impacts, community participation, and Global South perspectives.

Economic Justice and Climate Finance

Our work has transformed the global discussion on fiscal policy in a more just, emancipatory and sustainable direction. Our approach has combined both high-level, expert contributions within decisionmaking circles, with bold, impactful work on narrative change with the general public.

We have been instrumental in the inclusion of human rights as a guiding principle of the future United Nations Framework Convention on International Tax Cooperation, a multilateral instrument with the potential of raising approx. USD 492 billion per year in public revenues currently foregone to global tax abuse. In the process leading to the ‘Compromiso de Sevilla’ decided at FfD4, we proposed and succeeded in creating a specific human rights workstream within the Civil Society Financing for Development Mechanism, which was critical to ensure that explicit commitments on the matter were included in the negotiating outcome. In a context of cutbacks in multilateral institutions, we have amplified the capacities of technical experts, providing rigorous technical support and leveraging our influence to ensure the enactments of groundbreaking standard-setting instruments, such as the 2025 UN Committee on Economic, Social and Cultural Rights Statement on Fiscal Policy and Human Rights, and the first ex oficio hearing on the Inter-American Commission of Human Rights on Fiscal and Economic Policies to Address Poverty and Structural Inequality, leading to an upcoming thematic resolution on the matter. We have also bridged the silos between multilateral tax discussions and climate finance debates, promoting ambitious financing commitments to increase international and domestic resource mobilisation during COP 28, 29 and 30.

At the regional level, our engagement with fiscal cooperation platforms such as the Platform for Fiscal Cooperation of Latin America and the Caribbean (PTLAC), where we are member of its Civil Society Consultative Council, and the African Anti-IFFs Policy Tracker, for which we participated in the pilot mission in Ivory Coast together with Tax Justice Network Africa (TJNA), have been critical in cementing a growing engagement between tax administrations and ministries of finance with international legal experts, exploring actionable and transformative initiatives, such as the taxation of high-net-worth individuals, beneficial ownership registries and corporate countryby-country reports, to be implemented at the international level.

At the local level, our interventions in fiscal reform debates in Chile, Brazil, Colombia and Nigeria have contributed to shaping legislative outcomes in a more progressive, rights-compliant direction.

As for our leadership in narrative change, we have a measurable track record in delivering tailored, innovative campaigns which have decisively expanded economic justice constituencies by appealing to a broader tent. In Latin America and the Caribbean, we created the ‘Date Cuenta’ campaign, coordinating over 40 organisations across civil society to deliver plain language, innovative messaging connecting progressive fiscal reforms to the financing of health, education and social protection. ‘Date Cuenta’ generated over 55 original campaign messages that were tailored to the realities of seven priority countries (Argentina, Chile, Colombia, Mexico, Paraguay, Peru and Honduras) and disseminated in Spanish, Portuguese and English. In doing so, we convened more than 65 online co-creation workshops with partners, coordinating a unified communications strategy which combined digital outreach, press and media coverage, and collaboration with influencers. Ultimately, ‘Date Cuenta’ resulted in more than 60,000 interactions on social media, coverage in major regional and international media outlets, including El País, Deutsche Welle, Bloomberg and France 24, and the participation of at least 63 social media influencers through 58 dedicated publications. In collaboration with Fundación Gabo and the Friedrich Ebert Stiftung, we also organised a two-day workshop in Bogota with 20 journalists from 13 countries, building a regional network trained in a human rights-based approach to fiscal policy that has since generated published media coverage on outlets such as La Diaria, Ciper, El Diario Ar and Milenio. Through ‘Date Cuenta’ and our regional advocacy, we strengthened civil society engagement in key processes, including the Financing for Development track and FfD4, co-organised highlevel dialogues with states and civil society from Latin America and Africa.

What's next?

We will shape the UN Tax Convention and its Protocols so they embed human rights principles, and we will stay engaged through follow-up processes (including the expected Conference of the Parties) to support effective implementation. We will keep linking tax and climate finance so that new resources mobilised through fiscal cooperation are channelled to adaptation, mitigation, and loss and damage, in line with UNFCCC commitments.

Public Services for Care Societies

We have translated participatory research into accountability and policy outcomes.

In Ivory Coast, our work with Mouvement Ivoirien des Droits Humains and affected communities since 2023 exposed how privatisation and lack of accountability restrict access to quality healthcare. It contributed to the closure of 1,022 illegal private health centres, an executive instrument strengthening the regulation of private hospitals across the country, and the creation of a permanent complaints management committee in healthcare through a bylaw issued by the prefect of Gagnoa. Partners engaged through this process also advanced concrete improvements at facility level: members of the Gagnoa Midwives Association who took part in the participatory action research pooled resources to renovate the neonatal unit of the Regional Hospital, and the Director of the Gagnoa General Hospital launched an action plan to expand services and improve patient reception, with the facility receiving the award for best hospital in the country in 2025.

In Kenya, our research with the Mathare Education Taskforce documented the absence of public schools and the expansion of private provision, evidencing impacts on households and caregivers and strengthening demands for free, quality public education. This work contributed to stronger community agency and collective organisation, alongside ongoing strategies ranging from communications to litigation to secure a public school in the area, some involving GI-ESCR and others led independently.

Across Africa, this work is complemented by a multi-country study examining the human rights implications of austerity in education and health, including how regressive fiscal policies, rising debt burdens and persistent underinvestment undermine the financing and delivery of public services.

In Latin America, from 29 November to 2 December 2021, over a thousand representatives from over one hundred countries, from grassroots movements, advocacy, human rights, and development organisations, feminist movements, trade unions, and other civil society organisations, met in Santiago, Chile, and virtually, to discuss the critical role of public services for our future. Following the meeting, the Santiago Declaration on Public Services was adopted to demand universal access to quality, gender-transformative and equitable public services as the foundation of a fair and just society.

We are currently advancing work on care systems, linking public services and fiscal justice through integrated research, advocacy and communications, including a regional campaign framing care as a collective responsibility requiring sustained public investment.

What's next?

In Ivory Coast, we will evaluate and strengthen the complaints management committee and position it as a replicable model for other health facilities. In Kenya, we will support the Mathare community to co-design a model public school for Mabatini and Ngei wards, grounded in human rights standards. Building on our multi-country austerity study, we will drive national advocacy on financing for education and health: advancing reforms in Ghana; launching a fiscal policy and public services financing agenda in Kenya through the CESCR process and targeted coalition work; and, in Nigeria, using the new tax acts in force since 1 January 2026 to catalyse a national accountability campaign for adequately funded, quality public services. In Latin America, we will amplify locally led care pilots across 8 countries and turn lessons into influence—advancing care policies that strengthen care organisations, protect care workers’ rights, support unpaid caregivers, include disability and family networks, and redistribute care more equitably.