must present to the OAS General Assembly “on the progressive measures they have taken to ensure due respect for the rights set forth in this Protocol,” in the treatment accorded to those reports by the Inter-American Economic and Social Council and the Inter-American Council for Education, Science and Culture of the OAS, and in the opinion that the Commission may eventually provide on the matter.98 It should be noted that this provision is similar to draft article 27 of the Convention that was rejected by the corresponding Conference. 90. All the foregoing means, first, that for the States Parties to the Protocol, the realization of the economic, social and cultural rights is of a progressive nature; a contrario sensu, they are not in force or, at least, not fully in force. 91. Second, consequently, this signifies for the said States that the provisions of Article 26 mean that the said rights are not included among those to which the protection system established in the Convention applies or that are in force; because, to the contrary, the adoption of the Protocol would have been unnecessary. 92. It should also be borne in mind that the OAS created the Working Group to Examine the Progress Reports of the States Parties to the Protocol 99 as a mechanism to monitor compliance with the undertakings made in the said instrument. This undoubtedly confirms that the intention of the said State was to create a non-jurisdictional mechanism for the international supervision of compliance with the Protocol. 93. The only exception to this system is established in Article 19(6), which states that: Art. 19: “Means of Protection. 1. Pursuant to the provisions of this article and the corresponding rules to be formulated for this purpose by the General Assembly of the Organization of American States, the States Parties to this Protocol undertake to submit periodic reports on the progressive measures they have taken to ensure due respect for the rights set forth in this Protocol. 98 2. All reports shall be submitted to the Secretary General of the OAS, who shall transmit them to the Inter-American Economic and Social Council and the Inter-American Council for Education, Science and Culture so that they may examine them in accordance with the provisions of this article. The Secretary General shall send a copy of such reports to the Inter-American Commission on Human Rights. 3. The Secretary General of the Organization of American States shall also transmit to the specialized organizations of the inter-American system of which the States Parties to the present Protocol are members, copies or pertinent portions of the reports submitted, insofar as they relate to matters within the purview of those organizations, as established by their constituent instruments. 4. The specialized organizations of the inter-American system may submit reports to the Inter-American Economic and Social Council and the Inter-American Council for Education, Science and Culture relative to compliance with the provisions of the present Protocol in their fields of activity. 5. The annual reports submitted to the General Assembly by the Inter-American Economic and Social Council and the Inter-American Council for Education, Science and Culture shall contain a summary of the information received from the States Parties to the present Protocol and the specialized organizations concerning the progressive measures adopted in order to ensure respect for the rights acknowledged in the Protocol itself and the general recommendations they consider to be appropriate in this respect. 6. Any instance in which the rights established in paragraph a) of Article 8 and in Article 13 are violated by action directly attributable to a State Party to this Protocol may give rise, through participation of the Inter-American Commission on Human Rights and, when applicable, of the Inter-American Court of Human Rights, to application of the system of individual petitions governed by Article 44 through 51 and 61 through 69 of the American Convention on Human Rights. 7. Without prejudice to the provisions of the preceding paragraph, the Inter-American Commission on Human Rights may formulate such observations and recommendations as it deems pertinent concerning the status of the economic, social and cultural rights established in the present Protocol in all or some of the States Parties, which it may include in its Annual Report to the General Assembly or in a special report, whichever it considers more appropriate. 8. The Councils and the Inter-American Commission on Human Rights, in discharging the functions conferred upon them in this article, shall take into account the progressive nature of the observance of the rights subject to protection by this Protocol. 99 AG/RES. 2262 (XXXVII-O/07) of June 5, 2007. 24