inclusion of relevant information in the periodic reports States parties are
required to submit under article 18 of the Convention. Article 7 (5) was
adopted ad referendum.
Article 10
30. Several delegations, while noting their support for an inquiry procedure,
stated that, in their view, the Committee already had the power under its
current mandate to deal with situations of serious or systematic violations. In
this regard, they encouraged the Committee to develop its mandate under
article 18 of the Convention, especially in regard to exceptional reports. It
was also noted that the proposed inquiry procedure would strengthen and expand
the Committee’s mandate in this regard. Some doubt about the desirability of
including an inquiry procedure in the optional protocol was also voiced.
31. As to whether an inquiry procedure could be based on the Committee’s
receipt of information about what was termed "serious [and] [or] systematic
violation", several delegations stated that, while they preferred "or", they
would also be able to accept "and". It was argued that the use of the word "or"
would not achieve the objective of the inquiry procedure. Others were of the
view that the reverse was the case. Single cases of violations could be
serious, but they should be dealt with under the communications procedure.
Those who supported the retention of "and" noted that in order for an inquiry by
the Committee to be initiated, allegations of violations needed to be both
serious and systematic.
32. Many delegations expressed the view that the words "with the consent of" in
article 10 (2) and "the consent ... of" in article 10 (5) were redundant, while
others emphasized the importance of this explicit requirement. Several
delegations were of the view that a provision under this article allowing for
visits to the territory of the State party should be retained, stressing that
such visits could only take place with the agreement or consent of the State
party.
Article 11 bis
33. Recognizing that while many delegations favoured the inclusion of an
inquiry procedure in the optional protocol, others were reluctant to provide the
Committee with such a mandate, the Chairperson introduced a provision according
to which States parties would, upon signature, ratification or accession to the
optional protocol, be in a position to declare that they did not recognize the
competence of the Committee under its articles 10 and 11 (the so-called opt-out
clause).
34. Delegations welcomed this proposal as a good basis for further discussions
on articles 10 and 11. Some delegations proposed that, instead of an opt-out
procedure, an opt-in procedure should be included. While noting their
preference for an opt-in procedure, some also expressed their flexibility in
this regard. Other delegations noted that in principle, and to ensure the
integrity of the optional protocol, such a provision should not be required at
all. In this regard, some delegations noted the link between this proposal and
the issue of reservations and that they could only consider an opt-out procedure
on the basis of a clause precluding reservations. Others suggested that the
question of the opt-out provision should not be linked to the issue of
reservations.
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