Three days of discussions on ways and means to Implement Economic, Social and Cultural Rights at the International Round Table jointly organized by the National Human Rights Commission of India and the Office of the United Nations High Commissioner for Human Rights in New Delhi has resulted in the adoption of the New Delhi Concluding Statement on 1 December 2005.
The New Delhi Concluding Statement called on States to respect and ensure that National Human Rights Institutions (NHRIs) are established in accordance with the Paris Principles adopted by the UN General Assembly on 20 December 1993. It also called on their institutions to be adequately resourced to enable them to deal with Economic, Social and Cultural Rights (ESCR).
It reaffirmed that all human rights being universal, indivisible and interdependent, National Institutions should adopt a comprehensive approach to the promotion and protection of human rights, which includes ESCR.
It was reiterated that National Institutions must adopt a rights-based approach to ESCR. Due emphasis was placed on particular challenges faced by National Institutions including ensuring respect for ESCR in relation to rationalising resources among various institutions; addressing ESCR in situations of conflict; and in relation to globalisation. It was highlighted that neglect of ESCR can lead to conflicts resulting in violations of human rights thus posing a threat to peace and security. It was opined that despite the development of a universal human rights framework there remain inequities and injustices requiring more proactive strategies to realise the enjoyment of ESCR.
Dr. Justice A.S. Anand, Chairperson, National Human Rights Commission of India inaugurated the Conference.
In his remarks, Dr. Justice A.S. Anand observed that in democratic societies, human rights are broadly classified into civil and political rights on one hand and economic, social and cultural rights on the other. Observing that the protection of economic social and cultural rights has been poor and irregular at the national and international level, Justice Anand said that National Human Rights Institutions have a great role to play to correct the fallacy of treating one set of rights as inferior to another set of rights. He said that Indian courts have been reading civil and political rights into economic, social and cultural rights by expanding the concept of 'right to life and liberty' to mean the right to live with human dignity and all that goes with it. "It is the firm view of the NHRC, India that we must accept the indivisibility and inter-related nature of the two sets of rights for the full development of human personality", he added.
The Meeting was also addressed by Members, Dr. Justice Shivaraj V. Patil, Justice Y. Bhaskar Rao, Shri R.S. Kalha and Shri P.C. Sharma.
The principal objective of the Round Table held in New Delhi was to discuss and strengthen the role and capacity of National Institutions in protecting and promoting ESCR. Earlier similar workshops had been held in Philippines, Hong Kong and Fiji.
The Conference was attended by representatives of 24 National Human Rights institutions from Afghanistan, Albania, Argentina, Burkina Faso, Costa Rica, Democratic Republic of Congo, Fiji, Ghana, India, Ireland, Senegal, Jordan, Kenya, Kyrgyz Republic, Republic of Korea, Mexico, Mongolia, Morocco, Nepal, New Zealand, South Africa, Sri Lanka, Thailand and Uganda.
Mr. Orest Nowosad, Co-ordinator, National Institutions Unit of OHCHR thanked National Human Rights Commission for hosting the Conference and remarked that India, in many ways, led the way in ensuring the justiciability of economic, social and cultural rights.
(Full text of the Chairperson's speech is available on www.nhrc.nic.in).

Salient points of the New Delhi Concluding Statement
I. Key International Instruments on ESCR and the
Optional Protocol to ICESCR

· Monitor and promote state compliance with the International Covenant on Economic, Social and Cultural Rights and call for its ratification where the state is not a Party;

· Ensure independent access to the international treaty body system;

· Assist to ensure that domestic legislation which may impact on the enjoyment of ESCR is in compliance with international human rights norms and provides for sufficient protection of ESCR;

· Ensure that the Millennium Development Goals process is consistent with state obligations under international human rights instruments and that their implementation is undertaken from a rights based perspective.

2. General Principles of ESCR - State Obligations to
Promote, Protect and Fulfil

· Ensure a rights based approach to ESC issues;

· Encourage that States establish, where appropriate, Governmental institutions which guide planning for, and implementation of ESCR;
· Ensure that Government officials, the judiciary, parliamentarians and other partners know their international obligations in relation to ESCR;

· Where National Plans of Action are developed, ensure that ESCR are taken into full consideration;

· Find ways to enforce ESCR - including through departments of social welfare, the courts and civil society - to ensure better awareness of the justiciability and enforceability of ESCR;

· Work with representatives of International Financial Institutions to help the state to ensure that their policies and practices do not impact negatively on the enjoyment of ESCR;

3. Justiciability of ESCR and Legal Protection

· Use, where possible, quasi-judicial powers in implementing ESCR;

· Ensure that National Institutions have adequate powers and competency to undertake investigations;

· Use the complaints-handling functions of a National Institution to provide effective redress for those who have suffered violation of ESCR;

· Seek with innovation and interpretation ways to ensure legal protection of rights.


4. Implementing ESCR Rights-Modes and Modalities:
Advocacy and other Means

· Provide a voice for those whose ESCR have been violated to ensure the effective provision of remedies;

· Raise awareness about the international human rights standards of ESCR;

· Encourage and actively support advocacy, education and training on ESCR by a variety of means for rights-holders and public authorities, including the judiciary, and civil society;

· Develop public information campaigns and engage the media;


5. General Principles of ESCR - Roles and Responsibilities of
National Institutions

· Develop a strong research capacity to be able to deal with ESCR effectively;

· Monitor activities and develop minimum standards to ensure the implementation of ESCR for use by government agencies;

6. New Challenges and dimensions to ESCR

· Pay attention to areas which impact on the enjoyment of ESCR including trade, environment, corruption and the activities of non-state actors;

· Pay particular attention to ESCR in situations of conflict and recognize that a lack of respect for ESCR is a root cause of conflict;

· Assess the positive and negative consequences of globalization, including migration, and its impact on the enjoyment of ESCR.

7. A Plan of Action for National Institutions regarding ESCR

National Institutions particularly commit themselves within their different mandates and circumstances under which they operate to:

· Strengthen their capacity institutionally to be more effective in promoting and protecting ESCR;

· Establish ESCR units or focal points and develop substantive policy capacity so as to effectively engage on ESCR issues;

· Develop new and innovative strategies, including through community dialogue of complaints handling processes;

· Develop particular strategies to address the ESCR of vulnerable groups and women and children;

· Assess the enforceability, including through judicial procedures, of ESCR in their states;

· Encourage the development of National Plans of Action which implement ESCR;