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PROGRESS INDICATORS FOR MEASURING RIGHTS UNDER THE PROTOCOL OF SAN SALVADOR SECOND GROUP Working Group to Examine the National Reports Envisioned in the Protocol of San Salvador Presentation to the Committee on Juridical and Political Affairs (CAJP) Washington, D.C., October 25, 2012
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MANDATES Mandatos Standards for the Preparation of Periodic Reports [AG/RES. 2074 (XXXV-O/05)]: Evaluate measures and strategies to ensure ESCR Do not record complaints Measure progressive advances Include progress indicators Avoid replicating other monitoring systems Periodicity Reciprocation Composition and Functioning of the Working Group AG/RES. 2506 (XXXIX-O/09) Receives and calls for consideration of the document Guidelines for Preparation of Progress Indicators in the Area of Economic, Social and Cultural Rights (CP/doc.4250 corr. 1), presented by the Inter-American Commission on Human Rights (IACHR) to the Permanent Council, in November 2007. MANDATES Organization of American States
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The WG must prepare progress indicators for which information is to be provided, taking into account the document Guidelines … and in accordance with the Standards [AG/RES. 2582 (XL-O/10 )]: The OAS General Assembly establishes a Specific Fund for the Working Group in order to support its activities and those of the Technical Secretariat. April 2011: The WG presented a document entitled Progress Indicators for Measuring Rights under the Protocol of San Salvador to the CAJP. AG/RES. 2666: Extension of the period for consultation of the document from March 15 to November 30, 2011. The WG is asked to move forward with the definition of progress indicators for the second group of rights. MANDATES Organization of American States
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Financiamiento The comments by the member states, the United Nations, and civil society all underscore the documents Pertinence Quality Workability Sense of the importance of ties to public policies Specific observations: Breakdown of indicators selected for each right Possibility of having and presenting specific indicators Organization of American States DOCUMENT REVIEW
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Financiamiento On December 16, 2011 the final document was submitted and in June 2012 it was adopted by the General Assembly in Cochabamba, Bolivia (AG/RES. 2713). The first report, corresponding to the first group, was presented in June 2014 (AG/RES. 2713, operative paragraph 4). The first group was adopted on the understanding that these are guidelines and criteria for the states parties, which will be able to adapt them to the sources of information available to them in order to comply with the provisions of the Protocol (AG/RES. 2713, operative paragraph 1). Organization of American States DOCUMENT APPROVAL
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Financiamiento The Argentine Republic was the first to contribute to the Voluntary Fund (US$ 20,000). Those funds were used to finance this meeting of the Group. Last phase of preparation of the second group of rights. The Office of the United Nations High Commissioner for Human Rights (OHCHR) contributed funds to hire a team of consultants to provide the WG with technical inputs for producing the second indicator document. Support from states and civil society organizations for implementing the Protocol of San Salvador. Organization of American States PROGRESS
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Financiamiento Objectives: Foster a process of evaluating and measuring the effective exercise of social rights; Go beyond reporting and avoid duplicating other reports; Deliver a tool that is useful for the design and ongoing evaluation of public policies on ESCRs; Verify compliance with the obligations undertaken in the Protocol. Organization of American States INDICATORS DOCUMENT – 2 ND GROUP
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Financiamiento SECOND GROUP RIGHT TO WORK AND TRADE UNION RIGHTS RIGHT TO FOOD RIGHT TO THE BENEFITS OF CULTURE RIGHT TO A HEALTHY ENVIRONMENT Organization of American States GROUPING OF RIGHTS
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Financiamiento 3 TYPES OF INDICATORS RESULTS STRUCTURAL PROCESS QUALITATIVE SIGNS OF PROGRESS GENDER EQUITY APPROACH, ETHNIC AND CULTURAL DIVERSITY, OLDER PERSONS, CHILDREN, PERSONS WITH DISABILITIES, IMPACT OF CIVIL SOCIETY ON LEGISLATIVE AND PUBLIC POLICY INITIATIVES Organization of American States PROGRESS INDICATORS
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Financiamiento Incorporation of rights Basic financial context and budgetary commitments State or institutional capacities Organization of American States PROGRESS INDICATORS
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Financiamiento Equality and non-discrimination Access to justice Access to information and political participation Organization of American States CROSS-CUTTING THEMES
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Financiamiento Reports must be governed by the following principles: oParticipation oComplementarity oRestitution oDisclosure oPertinence oA rights-based approach oMargin of appreciation Organization of American States GUIDELINES FOR REPORTS
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Financiamiento 1 st Group of rights: submitted two years after approval of the indicators document in June 2014. Maximum length 35 pages, based preferably on post-2010 sources of information. The WG has up to 90 days to remit its observations to the State Party. Additional comments of the State Party on the WGs conclusions (to be remitted within 90 days of receipt of the comments). Date of the public meeting on the Document. Reports by civil society or other specialized agencies for the WG. 90 days for the WGs final conclusions to be announced at a meeting with representatives of the State Party. Organization of American States GUIDELINES FOR REPORTS
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Second Group of Rights: In November, 2012 there will be an open consultation on the second group of rights (states and civil society) for 120 days from the date on which they are posted on the website and officially remitted to the states. Once the states comments and contributions have been received, the WG will produce a consolidated document and submit it to the states for their approval at the 2013 session of the General Assembly, to be held in Guatemala. Complete the process of appointing the alternate government expert and the alternate independent expert. Urge the member states to ratify the Protocol of San Salvador. Renew the invitation to member states to contribute to the Voluntary Fund. Organization of American States STEPS TO BE FOLLOWED
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Financiamiento The process shows how, with the political will of the states and the support of civil society, the first instrument in the inter-American system to address economic, social, and cultural rights has been put into effect. It reaffirms states existing constitutional commitments and opens up a unique opportunity to enrich their public policies and reaffirm guarantees for the protection of rights. Organization of American States PROTOCOL OF SAN SALVADOR
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