By: Sikander Kushwaha
THE INTERNATIONAL Convention on Economic, Social and Cultural Rights (ICESCR), adopted by the United Nations in 1966 defined these rights as, “..guarantees individuals the right to work and to just and favourable conditions of work; to social security; to an adequate standard of living; to the highest attainable standard of physical and mental health; and to education, among others. These rights are guaranteed to all without discrimination.”
Th countries who have pledged to the covenant on ESC rights are required to utilise a large part of their available resources, to achieve progressively the full enjoyment of these rights without discrimination.
These rights are unique from political and civil rights because, they cannot be fulfilled immediately. Ensuring essential services, such as access to safe sanitation facilities, health services, education, electricity and other such services, require good policies, proper implementation, infrastructure, resources and skilled labour with heavy public expenditure.
India spends huge funds, in the name of protecting these rights, yet, most of the people in our country are deprived from basic amenities. Traditionally, human rights activists as well as citizens use pressure campaigns, legal action, research and documentation, human rights education and empowerment methodology to pressurise the government. These methods, however, cannot fight against the government argument that the state does not have enough resources.
There is a need to adopt new tools and budget analysis is critical to the ESC rights movements because, it equips activists with a way of identifying violations by the state. In resource limited settings, budget analysis offers a way of pressuring the government to prioritise spending on programs that benefit essential services.
Budget analysis differs from traditional human rights approaches, through the nature of its engagement with the state. The budget advocates involve themselves in the budget process and couch their demands in consideration of tradeoffs with limited resources. On the other hand, social movements tend to push for change through resistance.
This method helps advocates make better informed choices about policy and offers a greater clarity and specificity to a campaign. Though legal action plays an important role in human rights work, its effectiveness is limited in the area of ESC rights.
This method has played a significant role in exposing corrupt practices around allocation and implementation of resources. It can also expose the way in which international bodies influence allocation of resources in poorer countries or regions. It further enables advocates to compare the commitments of governing bodies across regional, national and international borders.
This useful mechanism of documentation and research, provides a way of assessing a state’s commitment to fulfil their responsibilities to the welfare of their people. It fills a critical role in assisting social movements and advocates towards the realisation of universal dignity and security for people without access to key services and resources.
In India, few groups are engaged in doing budget analysis to ensure ECS rights. These groups try to influence the government through their budgetary research work at policy level. They includeBudget Analysis Rajasthan Centre, CEHAT, Centre for Budget and Policy Studies, DISHA, Mazdoor Kisan Shakti Sangathan and Social Watch – Tamil Nadu among others.
To ensure the ECS rights budget analysis emerges as a strong tool to fight for these rights, human rights activists as well as citizens should avoid using wrong or under researched arguments. They should also ensure that there is more grassroot work in this regard.