b) situations over which State acts or omissions bring about foreseeable
effects on the enjoyment of economic, social and cultural rights, whether
within or outside its territory;
c) situations in which the State, acting separately or jointly, whether through
its executive, legislative or judicial branches, is in a position to exercise
decisive influence or to take measures to realize economic, social, and
cultural rights extraterritorially, in accordance with international law.62
The foregoing suggests that the obligation to engage in international assistance and
cooperation under the ICESCR is of particular relevance in the context of climate change
mitigation and adaptation.
3.6 Compliance Mechanisms
3.6.1 State Reporting System
The State reporting system is the only compliance mechanism provided for in the ICESCR
text. Under Article 16, State Parties are required to submit reports to the UN Economic and
Social Council (ECOSOC), by way of the UN Secretary-General, on their observance of the
obligations contained in the Covenant. Under Article 17, State Parties may indicate factors
and difficulties in complying with these obligations. State Parties must submit an initial
report within two years of signing the Covenant, and every five years thereafter.63
The CESCR was created by ECOSOC in 1985 to consider the reports submitted by State
Parties. The CESCR is comprised of 18 members, who are elected by ECOSOC for
renewable four-year terms. The members serve in their personal capacities, not as State
representatives. The CESCR meets for three-week sessions twice a year, during April-May
and November-December. The CESCR may also hold extraordinary sessions. The following
table sets out the procedure of the State reporting system.
State Reporting Procedure
The State party submits its report to the CESCR.
The CESCR decides at which session it will consider the report.
A five-member working group of the CESCR undertakes an initial review of reports that are to be
considered at the next session; this initial review includes drawing up a list of questions for the
State parties.
State Parties must respond in writing to the questions drawn up by the working group.
The CESCR reviews the State’s report during public sessions, normally lasting around two days.
The sessions center around the list of questions drawn up by the working group. Representatives
of the State party present the report and respond to the working group’s questions. The members
of the CESCR state their views on the report, ask questions and request further information from
the State representatives, and make suggestions and recommendations. At the start of a session,
NGOs are afforded the right to make presentations and present alternative reports.
The CESCR produces a public report known as Concluding Observations. Concluding
Observations are divided into five sections: (a) introduction; (b) positive aspects; (c) factors and
difficulties impeding the implementation of the Covenant; (d) principal subjects of concern; (e)
suggestions and recommendations.
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