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THE COMPOSITION, ROLES, AND FUNCTIONS OF THE COMMITTEE IN THE CONVENTION
Generally, the ICESCR, unlike the ICCPR's Human Rights Committee, did not conceive of or provide for the establishment of a supervisory committee to ensure the compliance of the states parties with their obligations. However, it provided for a state reporting system, which, as stipulated by Article 16 of the ICESCR, was hinged on states parties submitting reports on the measures taken and the progress made in the course of observing the covenant rights. The article states thus:
The States Parties to the present Covenant undertake to submit, in conformity with this part of the Covenant, reports on the measures that they have adopted and the progress made in achieving the observance of the rights recognized herein.
In the same vein, Article 17(2) provides that the reports may also indicate the factors and difficulties affecting the degree of fulfillment of their obligations under the covenant. In furtherance of this, the reports are to be submitted to the United Nations and considered by the Economic and Social Council, hereinafter referred to as ECOSOC, one of its principal organs.
In a bid to ensure that the reports were properly dealt with, a Working Group of Governmental Experts was established by ECOSOC. The creation was, however, not without its impediments. Unlike the ICCPR's Human Rights Committee, which was established with a clear legal basis, the Working Group of Governmental Experts actual role was vague. It was also criticized for being mainly composed of governmental experts and not independent experts and for its failure to establish standards for the evaluation of the state reports.
In order to alleviate these impediments, the ECOSOC established a new subsidiary body with a supervisory role called the Committee on Economic, Social, and Cultural Rights in 1987. The body is composed of experts acting in their personal capacity and meets twice a year for three-week sessions. This new establishment gave a new impetus to the examination of state reports, and its composition, mandate, and working methods have been developed according to those of the other UN human rights treaty bodies, specifically in relation to the consideration of state reports.
The Composition of the Committee on Economic, Social, and Cultural Rights
The committee is composed of 18 independent members who are of high moral character and have gained reputable recognition of competence in the field of human rights from different geographical areas. The members may also be re-elected after four years.
It was equally argued that the membership should be diverse, with the inclusion of persons who are experts in legal as well as economic, health, social, and educational matters, in order to deepen the committee's work and its understanding of the non-legal obstacles faced by countries with respect to these rights.
The Roles and Functions of the Committee
In the performance of its roles and functions in examining reports sent by states' parties in relation to the realizations of these rights and the implementations of the covenant in their respective countries, the committee employs a constructive dialogue method that prioritizes a verbal form of views exchange between the members of the committee and the states' representatives, usually in a questions and answers format. As such, it is conversational rather than confrontational.
Noteworthy, the reports by the states parties are drafted specifically in accordance with the committee's guidelines and should contain detailed information on the extent to which the rights are realized in the countries. Article 17(1) states this:
The States Parties to the present Covenant shall furnish their reports in stages in accordance with a programme to be established by the Economic and Social Council within one year of the entry into force of the present Covenant after consultation with the States Parties and the specialized agencies concerned.
In preparation for the dialogue, a pre-sessional working group, composed of five members is established by the committee to be in charge of drafting the list of issues and questions that will constitute the principal focus of the dialogue with the reporting state. The group may further inquire for clarification and exposition in this respect from the states. Conversely, the state is requested to answer the questions before these reports are considered in public.
The Committee examines each report and addresses its concerns in the form of “concluding observations." It assesses the progress and the obstacles each state party encountered in the process of implementing the covenant provisions, and recommends a better means of implementation. However, the concluding observations are not binding but merely authoritative because they were adopted by the treaty body in charge of reviewing states’ implementation of treaty obligations. It is even weaker if it contains only general advice, since recommendations are merely persuasive.
Despite this limitation inherent in this method, the reporting mechanism adopted by the committee still ensures, to an extent, the accountability of the state parties for their acts and omissions in respect of the implementation of economic, social, and cultural rights. However, in special cases where the state reports are overdue, the committee may consider the countries by adopting a special procedure through the use of alternative information provided by NGOs, media outlets, specialized agencies, etc. An example of this is the Committee's consideration of Mali and Tanzania in 2010, despite the lack of reports from these countries.
Also, NGOs in general or special consultative status with the ECOSOC or on roster may submit a written statement to the committee at the reporting session and can also participate in the work of the pre-sessional working group, which may require an oral statement. This equally applies to those with non-consultative status, provided the written statement is supported by an NGO with consultative status. However, the NGOs cannot participate in the dialogue between the Committee and the states' representatives. In furtherance, NGOs, specialized agencies, academics, UN Special Rapporteurs, and individual experts may submit written and oral information that might aid the Committee in properly understanding substantive issues.
In the performance of its roles and functions, the Committee can also adopt the General Comments, which entail an authoritative explanation and interpretation of the nature, scope, and content of the treaty provision to the states' parties and the obligations expected of them in respect of the covenant. This is usually done during the General Discussion organized every session.
From the aforementioned, the roles and functions of the Committee can be deduced to include:
1. It performs a supervisory role to ensure the states parties' compliance and implementation of the provisions of the covenant so that all those who are entitled to the rights in the Covenant can enjoy them in full.
2. It develops a constructive dialogue with states parties for assessment and recommendations with respect to the Covenant within their countries.
3. It determines whether the Covenant’s norms are being applied in State parties
4. It assesses how the implementation and enforcement of the Covenant could be improved.
5. It can also help the states fulfill their obligations under the Covenant by issuing specific legislative, policy, and other recommendations so that economic, social, and cultural rights are better protected.
The Role of Specialized Agencies in the Work of the Committee
In addition to the establishment of the Committee, the Covenant makes provision for UN specialized forces, which help in the process of monitoring and implementing economic, social, and cultural rights, and assist the ECOSOC. Article 18-20 of the ICESCR states that:
Pursuant to its responsibilities under the Charter of the United Nations in the field of human rights and fundamental freedoms, the Economic and Social Council may make arrangements with the specialized agencies in respect of their reporting to it on the progress made in achieving the observance of the provisions of the present Covenant falling within the scope of their activities. These reports may include particulars of decisions and recommendations on such implementation adopted by their competent organs.
The Economic and Social Council may transmit to the Commission on Human Rights for study and general recommendation or, as appropriate, for information the reports concerning human rights submitted by States in accordance with articles 16 and 17, and those concerning human rights submitted by the specialized agencies in accordance with article 18.
The States Parties to the present Covenant and the specialized agencies concerned may submit comments to the Economic and Social Council on any general recommendation under article 19 or reference to such general recommendation in any report of the Commission on Human Rights or any documentation referred to therein.
These specialized agencies have some of their functions related to the rights protected by the covenant, however, they do not provide a report of the situation of individual countries with respect to the implementation of the covenant and the realizations of the rights therein. There has also been a strained relationship between the committee and some of the agencies due to the reluctance of the latter and bureaucratic formalities. Examples of these agencies are the ILO, UNESCO, IMF, World Bank, FAO, etc.
However, specialized agencies like the ILO and UNESCO have been able to establish a regular form of corporation. This is evident with the establishment of the Joint Expert Group on the Monitoring of the right to education which meets on an annual basis.
Noteworthy, Article 24 of the ICESCR guarantees the independence of these specialized agencies with respect to matters in the Covenant. It states thus:
Nothing in the present Covenant shall be interpreted as impairing the provisions of the Charter of the United Nations and of the constitutions of the specialized agencies, which define the respective responsibilities of the various organs of the United Nations and of the specialized agencies in regard to the matters dealt with in the present Covenant.
