Some delegations also suggested that the preamble should make reference to the
Beijing Platform for Action. Others suggested that these documents be addressed
in a resolution.
Article 2
2.
The Chairperson of the Working Group submitted a new draft of article 2
which was accepted by the Working Group as the basis for its further
negotiations on this article.
3.
Delegations agreed that the optional protocol should entitle individuals
and groups of individuals to submit communications to the Committee. Some
delegations were of the view that groups should be entitled to submit
communications, while several suggested that organizations, including
non-governmental organizations, should also be entitled to do so, as they also
can be victims of human rights violations. Other delegations expressed the view
that groups and organizations might participate in other human rights
mechanisms.
4.
Many delegations referred to the communications procedures in the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment and the International Convention on the Protection of the Rights of
All Migrant Workers and Members of Their Families which entitle communications
to be submitted on behalf of complainants. The practice of the Human Rights
Committee, reflected in its rules of procedure, was to receive communications
submitted on behalf of victims. Many delegations took note of the explanation
of the representative of the Office of the United Nations High Commissioner for
Human Rights with regard to the existing procedures under the International
Covenant on Civil and Political Rights and the Convention against Torture in
relation to communications submitted in cases where victims are unable to submit
communications themselves, or when victims give consent for the submission of
communications by others. These delegations were of the view that this protocol
should explicitly provide that communications could be submitted on behalf of
complainants and that this element could be specified in the Committee’s rules
of procedure.
5.
Several delegations were of the view that the parameters of the phrase "on
behalf of" required clarification so as to preclude communications from
unauthorized representatives with neither the consent of, nor a link to,
victims. Several delegations suggested that clarification could be provided by
limiting those who could claim submission of communications "on behalf of"
victims to designated representatives.
6.
Delegations agreed that it was important to indicate that the protocol
would reflect existing communications procedures and provide that claimants
should be subject to the jurisdiction of the relevant State party. Some
suggested that designated representatives should also be subject to the State
party’s jurisdiction, while others suggested that this requirement was
inappropriate.
7.
Many delegations suggested that it was important to provide for
communications concerning violation of rights set forth in the Convention
through an act or failure to act by the State party. Other delegations were of
the view that communications should be able to address violations of all the
provisions of the Convention. Several delegations expressed the view that
violation of rights of the Convention encompassed both acts and omissions and
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