Posted the: 2014-08-08 Numac: 2014015141 FEDERAL Foreign Affairs, external trade and development COOPERATION PUBLIC SERVICE 5 may 2014. -Law approving the Optional Protocol to the international Covenant on economic, social and cultural rights, adopted in New York on December 10, 2008 (1) (2) (3) (4) PHILIPPE, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
S. 2. the Optional Protocol to the international Covenant on economic, social and cultural rights, adopted at New York on 10 December 2008, will release its full and complete effect.
S. 3. the competence of the Committee on economic, social and cultural rights to receive, in accordance with article 10 of the Optional Protocol, notifications of a State party who claims that another State party is not its obligations, or to carry out, in accordance with articles 11 and 12 of this Optional Protocol, an investigation into serious and systematic violations by a State party of any of the economic rights and social described in the Covenant, is recognized.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given to Brussels, may 5, 2014.
PHILIPPE by the King: the Deputy Prime Minister and Minister of Foreign Affairs, D. REYNDERS the Deputy Prime Minister and Minister of Social Affairs and public health, Ms. L. ONKELINX. the Minister of Justice, Mrs.
TURTELBOOM Minister of employment, Ms. M. DE CONINCK the Minister of Cooperation for development, p.. Lady Secretary of State to asylum and Migration, Social Integration and the fight against poverty, Ms. M. BLOCK sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Notes (1) Senate (www.senate.be): Documents: 5-2394.
Annals of the Senate: 13/02/2014.
House of representatives (www.lachambre.be): Documents: 53-3372.
Full record: 13/03/2014.
(2) see Decree of the Flemish community / the Flemish Region by March 4, 2011 (Moniteur belge of April 11, 2011 - Ed 2), Decree of the French community of November 7, 2013 (Moniteur belge of January 28, 2014), Decree of the German-speaking community of May 23, 2011 (Moniteur belge of 27 September 2011), Decree of the Walloon Region from November 28, 2013 (Moniteur belge of 11 December 2013) Order of the Brussels-Capital Region from January 30, 2014 (Moniteur belge of 6 March 2014), order of the common Community Commission of February 27, 2014 (Moniteur belge of April 2, 2014).
(3) bound States.
Optional Protocol to the international Covenant on economic, social and cultural rights preamble the States Parties to the present Protocol, considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the inherent dignity of all members of the human family and their equal and inalienable rights is the Foundation of freedom, justice and peace in the world , Noting that the Universal Declaration of Human Rights proclaims that all human beings humans are born free and equal in dignity and rights and that everyone can avail themselves of all the rights and freedoms proclaimed in the Declaration, without distinction none, such as race, colour, sex, language, religion, political or other opinion national or social origin, property, birth or any other situation, recalling that the Universal Declaration of human rights and the International Covenants on human rights recognize that the ideal of human beings free, free from fear and poverty, cannot be achieved if are created the conditions whereby everyone may enjoy his civil rights cultural, economic, political and social, reaffirming that all human rights and fundamental freedoms are universal, indivisible, interdependent and interrelated, recalling that each of the States Parties to the international Covenant on economic, social and cultural rights (hereinafter referred to as the Covenant) undertakes to take steps, both individually and through assistance and international cooperation, especially economic and technical to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the Covenant by all appropriate means, including particularly the adoption of legislative measures, whereas, to ensure the fulfilment of the purposes of the Covenant and the implementation of its provisions, should be conferred on the Committee on economic, social and cultural rights (hereinafter referred to as the Committee) to perform the functions laid down in the Protocol , Have agreed as follows: Article 1. Competence of the Committee to receive and consider communications 1. Any State party to the Covenant that becomes party to the present Protocol recognizes the competence of the Committee to receive and consider communications under the provisions of this Protocol.
2. the Committee receives no communication concerning a State party to the Covenant which is not a party to this Protocol.
Section 2. Communications communications may be submitted by individuals or on behalf of individuals or groups of individuals under the jurisdiction of a State party, claiming to be victims of a violation by that State party of any of the economic, social and cultural rights set forth in the Covenant. A communication may be submitted on behalf of individuals or groups of individuals with their consent unless the author can justify acting on their behalf without such consent.
Admissibility 1. The Committee considered a communication without checking that all domestic remedies have been exhausted. This rule does not apply in cases where the appeal proceedings exceeds a reasonable time.
(2. the Committee shall consider inadmissible any communication which: has) is not submitted within twelve months following the exhaustion of domestic remedies, except in cases where the author can demonstrate that it was not possible to submit the communication within that period;
b) door on the facts prior to the date of entry into force of this Protocol for the State party concerned, unless those facts continued after that date;
(c) relates to a question that it has already examined or has already been or is the subject of an examination under another procedure of investigation or settlement at the international level;
(d) is incompatible with the provisions of the Covenant;
e) is manifestly ill-founded, not sufficiently substantiated or is based exclusively on information disseminated by the media;
(f) constitutes an abuse of the right to submit a communication;
(g) is anonymous or is not presented in writing.
Article 4. Communications which does not show a significant disadvantage the Committee may, if necessary, refuse to consider a communication which it is not apparent that the author has suffered a significant disadvantage, unless the Committee considers that the communication raises a serious question of general importance.
Article 5 Provisional measures 1. After receipt of a communication and before taking a decision on the merits, the Committee may at any time submit a request to the urgent attention of the State party concerned that the State party should take interim measures that may be required in exceptional circumstances to avoid that any irreparable harm is caused to the victim or victims of the alleged violation.
2. the Committee is without prejudice to its decision on the admissibility or the merits of the communication of the simple fact that he exercises the Faculty given by paragraph 1 of this article.
Section 6. Transmission of communication 1.
Unless it considers inadmissible Office without reference to the State party concerned, the Committee shall confidentially to the attention of that State party any communication that is addressed to him under this Protocol.
2. within a period of six months, the State party concerned has written to the Committee explanations or statements clarifying the matter which is the subject of the communication indicating, where appropriate, the corrective measures it has taken.
Section 7. Settlement 1. The Committee shall make good offices available to interested States Parties to reach an amicable settlement of the issue based on the respect of the obligations of the Covenant.
2. any amicable settlement agreement puts an end to the consideration of the communication submitted under this Protocol.
Section 8. Review of communications 1. The Committee shall examine communications addressed to it under article 2 of the Protocol taking into account documentation that it has been submitted, with the understanding that this documentation must be communicated to interested parties.
2. the Committee considered closed communications addressed to it under this Protocol.
3. when it examines a communication under this Protocol, the Committee may consult, as appropriate, the relevant documentation emanating from other organs or specialized agencies, funds, programmes and mechanisms of the United Nations and other international organizations, including regional human rights systems, and any observation or comment by the State party concerned.
When reviewing communications received under the present Protocol, the Committee determines the appropriateness of measures taken by the State party, in accordance with the provisions of the second part of the Covenant. In doing so, he keeps in mind the fact that the State party may adopt a range of measures to implement the rights set forth in the Covenant.
Article 9 Follow-up to the findings of the Committee 1. After examining a communication, the Committee shall transmit its views on the communication, accompanied, where appropriate, recommendations to interested parties.
2. the State party duly examines the findings and any recommendations of the Committee and shall submit within six months to the Committee a written response containing information on any action taken in the light of the findings and recommendations of the Committee.
3. the Committee may invite the State party to submit further information on the measures taken in response to its views or recommendations possible, including, if the Committee deems appropriate, in future the State party reports submitted under articles 16 and 17 of the Covenant.
Section 10. Inter-State communications 1. Any State party to the present Protocol may at any time declare under this article that it recognizes the competence of the Committee to receive and consider communications in which a State party claims that another State party is fulfilling its obligations under the Covenant. Communications under this article may be received and considered only if they come from a State party which has made a declaration recognizing, in relation to the competence of the Committee. The Committee receives no communication to a State party that has not made such a statement. The following procedure applies with respect to communications received pursuant to this section: a) If a State party to the present Protocol considers that another State party is fulfilling its obligations under the Covenant, it may the attention by written communication, of this State on the issue. The State party may also inform the Committee of the matter. Within a period of three months from the receipt of the communication the receiving State shall afford the State which sent the communication of explanation or any other statement in writing clarifying the matter, which should include, to the extent possible and pertinent, on its rules of procedure and remedies exercised, pending or still open;
(b) if the matter is not resolved to the satisfaction of both States Parties concerned within a period of six months from the date of receipt of the original communication by the State recipient, the other will have the right to submit to the Committee, by notice given to the Committee and the other State concerned;
(c) the Committee may hear a case submitted to it only after ensuring that all available domestic remedies have been exercised and exhausted. This rule does not apply in cases where, in the opinion of the Committee, appeal proceedings exceeds a reasonable time;
((d) subject to the provisions of subparagraph (c)) of this paragraph, the Committee puts his good offices available to interested States Parties to reach an amicable settlement of the issue based on the respect for the obligations set out in the Covenant;
(e) the Committee shall hold its meetings in camera when examining communications under this article;
(f) in any matter submitted to him pursuant to paragraph (b) of this paragraph, the Committee may request to the States Parties concerned referred to in paragraph (b)) to provide all relevant information;
g) the States Parties concerned referred to in paragraph (b)) of the present paragraph shall be entitled to be represented during the consideration of the matter by the Committee and to make submissions orally or in writing, or in one and another form;
((h) the Committee shall, with the speed desired starting day where he received the notification referred to in paragraph (b)) of the present paragraph, submit a report as follows: i) If a solution could be found in accordance with the provisions of paragraph (d)) of this paragraph, the Committee shall confine its report to a brief statement of the facts and the solution reached;
II) If a solution could be found in accordance with the provisions of paragraph (d)) of the present paragraph, the Committee exposes, in his report, relevant facts about the subject of the dispute between the States Parties concerned. The text of the written comments and the minutes of the oral submissions made by the States Parties concerned are attached to the report. The Committee may also communicate only to the States Parties concerned any views that it may consider relevant to the matter.
For each case, the report is communicated to the States Parties concerned.
2. States Parties shall file the statement they have made pursuant to paragraph 1 of this article with the Secretary-General of the United Nations, which copy shall inform other States Parties. A declaration may be withdrawn at any time by notification addressed to the Secretary general. Such withdrawal is without prejudice to the consideration of any matter which is the subject of a communication already transmitted under this article; any other communications from a State party will be received under this article after the Secretary-General receives notification of withdrawal of the declaration, unless the State party concerned has made a new declaration.
Section 11. Inquiry procedure 1. A State party to the present Protocol may at any time declare that it recognizes the competence of the Committee for the purposes of this section.
2. If the Committee receives reliable information indicating that a State party has seriously or systematically reached to one of economic, social and cultural rights contained in the Covenant, he invited that State party to cooperate with him for the purposes of the examination of the information thereby brought to its attention and to submit its comments thereon.
3. based on the comments made by the State party concerned, as well as any other credible information available to it, the Committee may designate one or more of its members to conduct an inquiry and to report urgently of its results. Where warranted and with the consent of the State party, this inquiry may include a visit to the territory of that State.
4. the investigation takes place in confidentiality and cooperation of the State party is requested at all stages of the proceedings.
5. After studying the results of the investigation, the Committee shall immediately communicate to the State party concerned, accompanied, where appropriate, observations and recommendations.
6. after being informed of the results of the investigation and of the observations and recommendations of the Committee, the State party presents its observations to it within a period of six months.
7. Once completed the investigation procedure business pursuant to paragraph 2 of this article, the Committee may, after consultations with the State party concerned, decide to include a summary report of the results of the proceedings in its annual report provided for in article 15 of this Protocol.
8. a State party having made a declaration under paragraph 1 of this article may, at any time, withdraw this declaration by notification addressed to the Secretary general.
Section 12. Follow-up of the inquiry procedure 1. The Committee may invite the State party concerned to include in its report to submit in accordance with articles 16 and 17 of the Covenant, detailed information on the measures it has taken following an investigation pursuant to article 11 of this Protocol.
2. at the end of the period of six months referred to in paragraph 6 of article 11, the Committee may, if necessary, invite the State party concerned to inform it of the measures taken as a result of such an investigation.
Article 13. Protection measures the State party take all necessary measures to ensure that persons under its jurisdiction are subject to any form of ill-treatment or intimidation that they directed the Committee of communications under the present Protocol.
Section 14. International assistance and cooperation 1. The Committee transmit, as it considers necessary, and with the consent of the State party concerned, to the specialized agencies, funds and programmes of the United Nations and other agencies, observations or recommendations concerning communications and requests indicating a need for advice or technical assistance, accompanied, where appropriate, the comments and suggestions of the State party on these observations or recommendations.
2. the Committee may also bring to the attention of these entities, with the consent of the State party questions that raise the communications considered under the present Protocol which may interested, assist them in deciding, each within its own sphere of competence, on the advisability of international measures to assist the State party to make progress towards the implementation of the rights recognized in the Covenant.
3. it will be established in accordance with the relevant procedures of the General Assembly, a special trust fund, to be administered in accordance with the financial regulations and rules of the United Nations, intended to provide States Parties with specialized and technical assistance with the consent of the State party concerned, for better implementation of the rights
recognized in the Covenant, so as to contribute to the strengthening of national capacities in the field of economic, social and cultural rights in the context of this Protocol.
4. the provisions of this article are without prejudice to the obligation of each State party to fulfil the commitments entered into under the Covenant.
Section 15. Annual report in its annual report, the Committee includes a summary of its activities under the present Protocol.
Section 16. Dissemination and information each State party undertakes to make widely known and to disseminate the Covenant and the Protocol as well as to facilitate access to information on the findings and recommendations of the Committee, in particular for cases concerning that State party, and to do so in a manner accessible to persons with disabilities.
Article 17. Signature, ratification and accession 1.
The present Protocol is open for signature by all States which have signed or ratified the Covenant or acceded.
2. the present Protocol is subject to ratification by any State which has ratified the Covenant or acceded to that. Instruments of ratification shall be deposited with the Secretary-General of the United Nations.
3. this Protocol shall be open for accession by any State which has ratified the Covenant or acceded to that.
4. the accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations.
Section 18. Entry into force 1. This Protocol shall enter into force three months after the date of deposit with the Secretary-General of the United Nations of the tenth instrument of ratification or accession.
2. for each State ratifying this Protocol after the deposit of the tenth instrument of ratification or accession, the Protocol enters into force three months after the date of deposit by such State of its instrument of ratification or accession.
Section 19. Amendments 1. Any State party may propose an amendment to the present Protocol and submit it to the Secretary-General of the United Nations. The Secretary-General shall forward the proposed amendments to the States Parties, asking them to let him know if they support the convening of a meeting of the States Parties to consider these proposals and to take action on them. If, in the four months following the date of this communication, a third of the States Parties favour the convening of such a meeting, the Secretary-General shall convene the meeting under the auspices of the Organization of the United Nations. Any amendment adopted by a majority of two-thirds of the States Parties present and voting is submitted for approval to the General Assembly of the United Nations, and then for acceptance to all States Parties.
2. an amendment adopted and approved in accordance with paragraph 1 of this article comes into force the thirtieth day following the date at which the number of instruments of acceptance reached two-thirds of the number of States Parties at the date of its adoption.
Thereafter, the amendment shall enter into force for each State party the thirtieth day after the deposit by such State of its instrument of acceptance. The amendment binds only States Parties that have accepted him.
Section 20. Denunciation 1. Any State party may denounce the present Protocol at any time by sending a written notification to the Secretary-General of the United Nations. The denunciation shall take effect six months after the date of receipt of the notification by the Secretary general.
2. the provisions of this Protocol continue to apply to any communication submitted under articles 2 and 10 or any procedure in accordance with article 11 before the date when the denunciation takes effect.
Section 21. Notification by the Secretary general the Secretary general of the Organization of the United Nations shall notify all the States referred to in paragraph 1 of article 26 of the Covenant: a) signatures, ratifications and accessions;
(b) the date of entry into force of this Protocol and any amendment adopted in respect of article 19;
(c) any denunciation under article 20).
Section 22. Official languages 1. This Protocol, of which the Arabic, Chinese, English, french, Russian and Spanish texts are equally authentic, shall be deposited in the archives of the United Nations.
2. the Secretary-General of the United Nations shall transmit a certified copy of this Protocol to all States referred to in article 26 of the Covenant.
(4) statement "the Kingdom of Belgium recognizes the competence of the Committee on economic, social and cultural rights - to receive, in accordance with article 10 of the Optional Protocol, notification of a State party who claims that another State party is not its obligations or - to carry out, in accordance with articles 11 and 12 of the Optional Protocol, investigation of violations serious and systematic by a State party of any of the economic rights. and social described in the Covenant. » List of bound States States / organizations Date Authentication Type of consent Date consent entry force local ANGOLA24 / 08 / 2013indetermine Argentina 09/24/2009 Ratification 24/10/2011 05/05/20103 Armenia 29/09/2009 Azerbaijan undetermined 2009-09-25 indeterminate Belgium 09-24-2009 Ratification 20/05/201420/08/2014 Bolivia 12 / 02 / 2010 Ratification 13/01/2012 05/05/2013 Bosnia and Herzegovina 12/07/2010 Ratification 18/01/2012 05/05/2013 BURKINA 2012indetermine-09-FASO24-2013indetermine-09-BENIN24 Cape Verde) Islands) 09/26/2011 Ratification23/06/201423/09/2014 Chile 24/09/2009 indeterminate CONGO (REP. Democratic) 23/09/2010 CONGO (Republic) 25/09/2009 Costa Rica 28/04/2011 EL SALVADOR 25/09/2009 Ratification 20/09/2011 05/05/2013 Ecuador 2009-09-24 Ratification 11/06/2010 05/05/2013 Spain 24/09/2009 Ratification 23/09/2010 05/05/2013 Finland 2009-09-24 Ratification 31/01/2014 30/04/2014 FRANCE11/12/2012indetermine 2009-09-24 Ratification GABON indeterminate indeterminate indeterminate 01/04/2014 2014-07-01 GHANA indeterminate 24/09/2009
GUATEMALA 24/09/2009 GUINEA-BISSAU indeterminate indeterminate Solomon Islands 25/09/2009 24/09/2009 indeterminate Ireland 23/03/2012 indeterminate Italy 2009-09-28 indeterminate KAZAKHSTAN 23/09/2010 indeterminate LUXEMBOURG 2009-09-24 indeterminate Macedonia (EX. REP. Yugoslavia) 14/08/2013indetermine MADAGASCAR 25/09/2009 SENEGAL indeterminate indeterminate MALDIVES 21/09/2011 indeterminate MALI 2009-09-24 indeterminate Mongolia 12-23-2009 Ratification 01/07/2010 24/12/2013 MONTENEGRO 2009-09-24 Ratification 24/09/2013-24/12/2013 PARAGUAY 06/10/2009 PORTUGAL 2009-09-24 Ratification 28/01/2013 05/05/2013 Slovakia 2009-09-24 Ratification 07/03/2012 05/05/2013 indeterminate indeterminate Netherlands 2009-09-24 Slovenia 24/09/2009 24/09/2009 indeterminate TIMOR 28/09/2009 indeterminate TOGO 25/09/2009 UKRAINE indeterminate indeterminate URUGUAY 24/09/2009 2009-09-24 Ratification 05/02/2013 05/05/2013 VENEZUELA 04/10/2011 indeterminate