NGOs under European Convention on Human Rights / Tymofeyeva

additional protocol, contains any mentioning of the word ‘NGO’. They do not provide an NGO with the possibility to lodge a complaint with the UN Committee. Therefore, we can conclude that this universal human rights body, contrary to the Council, has no jurisdiction to deal with the complaints submitted by NGOs seeking to protect their own human rights. Nevertheless, nothing prevents the UN Committee from using NGO reports as a source of information in its decision-making process. This, however, does not help us to clarify the meaning of ‘non-governmental organisation’ under this international treaty. The second covenant, the UN International Covenant on Economic, Social and Cultural Rights, 54 also does not contain any reference to the expression ‘NGO’ in its text. The monitoring body established for the purposes of this covenant is the Committee on Economic, Social and Cultural Rights (hereinafter also referred to as the ‘CESCR’). 55 CESCR is a body of 18 independent experts who are elected to carry out the monitoring functions assigned to ECOSOC in Part IV of the International Covenant on Economic, Social and Cultural Rights. The foundation for its activity is ECOSOC Resolution 1985/17 of 28 May 1985. 56 Upon receipt of reliable information on serious, grave or systematic violations by a State party to the international treaty, CESCR may, on its own initiative, begin inquiries. The treaty does not specify who must be the provider of the information on grave or systematic violations, but practice and the theory of law confirm that NGOs play an substantive role in this field. 57 Similar to the situation with the first covenant, there is not sufficient information to be able to define the possible concept of the term ‘NGO’ for the purposes of the International Covenant on Economic, Social and Cultural Rights. Among the core international human rights instruments are the International Convention on the Elimination of All Forms of Racial Discrimination, 58 the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 59 the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, 60 the International 54 International Covenant on Economic, Social and Cultural Rights. United Nations, Treaty Series , vol. 993, p. 3. 55 See URL: accesed 20 July 2015. 56 Economic and Social Council resolution no. 1985/17 of 28 May 1985. 57 HUAWEN, L. The Obligations of States under the International Covenant on Economic, Social and Cultural Rights : The Chinese Case. Oslo: Norwegian Centre for Human Rights, University of Oslo, 2004, Research Notes 04/2004, p. 12. The author of this paper discusses the situation with NGOs involvement in China and concludes that “…the status and roles of Chinese non-governmental organizations are very limited. In some fields such as the right to education, the author believes that there is not yet enough interest in or financial support for change. Ratifying the International Covenant on Economic, Social and Cultural Rights and understanding the Obligations involved is just the beginning of the process of realizing these rights.” Ibid , p. 46. 58 International Convention on the Elimination of All Forms of Racial Discrimination. United Nations, Treaty Series , vol. 660, p. 195. 59 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. United Nations, Treaty Series , vol. 1465, p. 85. 60 International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. United Nations, Treaty Series , vol. 2220, p. 3. Doc. A/RES/45/158.

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