H. Procedure under the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights The International Covenant on Economic, Social and Cultural Rights, adopted on 16 December 1966, imposes obligations on State parties to take steps, individually and through international assistance and cooperation, to the maximum of their available resources, with a view to achieving progressively the full realization of economic, social and cultural rights. The Covenant’s complaint mechanism is established by its Optional Protocol, which was adopted on 10 December 2008. It is a separate treaty open to State parties to the Covenant. States that have become a party to the Optional Protocol recognize the competence of the Committee on Economic, Social and Cultural Rights—a panel of 18 independent experts that meets twice a year—to receive complaints from persons within their jurisdiction alleging violations of their rights under the Convention.25 In 2012, the Committee adopted provisional rules of procedure to be applied to the complaints submitted under the Optional Protocol. Under the Optional Protocol, the Committee may facilitate the friendly settlement of complaints submitted to it, at any time of the procedure and before a final decision on the merits has been reached. The friendly settlement procedure will be conducted on the basis of consent of the parties and will be confidential. The Committee may terminate its facilitation of the procedure if it concludes that the matter is not susceptible to a resolution or any of the parties does not consent to its application, decides to discontinue it, or does not display the requisite will to reach a friendly settlement based on respect for the obligations set forth in the Covenant. Once both parties have expressly agreed to a friendly settlement, the Committee shall adopt a decision with a statement of the facts and of the solution reached. In all cases, the friendly settlement must be based on respect for the obligations set forth in the Covenant. If no friendly settlement is reached, the Committee shall continue the examination of the complaint in accordance with the normal procedure. Under the Optional Protocol, State parties are required to take appropriate measures to ensure that individuals under their jurisdiction are not subjected to any form of ill-treatment or intimidation as a consequence of communicating with the Committee in connection with a complaint submitted to it. If the Committee receives reliable information that a State party has not complied with this obligation, it may request the State to provide explanations and adopt measures to put an end to the situation. For more information on the Committee on Economic, Social and Cultural Rights, see OHCHR Fact Sheet No. 16 or the Committee’s web page: http://www2.ohchr.org/english/bodies/ cescr/index.htm (accessed 28 March 2013). 25 21