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Economic, Social, and Cultural Rights Project
Monitoring System
Monitoring provides the means by which governmental and nongovernmental
organizations keep track of progress toward accomplishment of goals: in this
case, fulfillment of the promises of the International Covenant on Economic,
Social and Cultural Rights. In ratifying the Covenant, states parties have adopted
its goals as their own and must be able to monitor their performance in meeting
the targets they have set for themselves. Some countries, such as South Africa,
have included economic, social and cultural rights in their constitutions, along
with the concomitant need to monitor them. Depending on the nature of their
work, nongovernmental organizations also have a variety of reasons to monitor
economic, social and cultural rights. Like governments, NGOs that are direct
service providers must keep track of progress toward meeting their goals and
objectives. NGOs that document and publicize human rights violations or protect
and promote human rights through public interest litigation, need monitoring
data to evaluate the government’s activities, analyze the data they collect
from primary or secondary sources, or accumulate the evidence to build a legal
case. Governmental and nongovernmental organizations alike need monitoring data
to help them decide how best to allocate scarce resources.
Transparency is one of the principal safeguards operating to protect
human rights in the world today. It is achieved by publicizing the status of
human rights, making that knowledge available to local, national and international
audiences, and thereby holding governments to account for their actions or inaction.
Data collected by monitoring is the foundation for human rights reporting, and
this reporting in turn is the vehicle that makes transparency possible. In addition
to permitting public scrutiny of governmental actions, reporting also fulfills
other important functions, including formulating policy, evaluating progress,
acknowledging problems, and sharing information.
Reporting by states parties to the Committee on Economic, Social
and Cultural Rights on their progress in reaching the goals of the ICESCR is
a particularly important form of monitoring. The governmental transparency and
accountability provided by this process is the chief mechanism available to
enforce the Covenant. NGOs are vital actors in the treaty monitoring process,
through the "shadow reports" they are encouraged to prepare, to accompany and
offset the official reports by states parties, as well as the additional testimony
they provide when the Committee reviews states parties’ reports. The AAAS/HURIDOCS
project is independent of the CESCR; however, the project maintains ongoing
communications with the ESCR Committee’s staff, and the Committee’s rapporteur
is a member of the project’s Advisory Committee.
We believe that the creation of a simple and feasible computerized
ESCR monitoring system, built on a violations approach, will be of great benefit
to the Committee, to the states parties that are obliged to submit reports to
it, and to the NGOs submitting shadow reports. Many governments and NGOs currently
have little idea of how to monitor a state’s performance in living up to its
obligations under the Covenant. Collecting and analyzing data and using it appropriately
can be intimidating to organizations that are not specialists in monitoring
and evaluation. One of the major themes of the project is to demystify and simplify
the process of monitoring human rights, without sacrificing accuracy, validity
or reliability.
To be most valuable to its intended audiences, a monitoring system
must be easy to understand and to use, but it must also be accurate and able
to capture valid information that faithfully reflects reality. For example,
a monitoring system must be able to capture data disaggregated by relevant demographic
and socioeconomic categories. Disaggregaged data can show whether there are
patterns to the violations that are evidence of discrimination. In addition
to disaggregating data by traditional categories of sex, age, ethnicity or region,
in many countries it will be important to show that particular clusters of violations
occur in special settings such as export processing zones.
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