57. While agreeing on the need for a clear and simple mechanism, delegations
also highlighted the need to strive for an effective mechanism which would
include follow-up on the steps taken by States parties in the light of views and
recommendations adopted by the Committee regarding a communication.
Articles 10 and 11
58. Many delegations expressed support for articles 10 and 11, noting that the
procedure would allow the Committee to focus on the root causes of
discrimination and would be valuable in those cases where individual victims who
suffered over and above other women could not be identified. Some delegations
suggested the inclusion of an article that, like article 20 of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
would allow the Committee, with the agreement of the State party, to visit its
territory. While several delegations suggested that the time-frame in which the
State party should be obliged to respond with its observations to the Committee
should be six months, most delegations envisaged a three-month period.
59. Several delegations indicated that any protocol to the Convention should be
confined to providing an individual communications procedure only and not
contain the inquiry procedure envisaged in articles 10 and 11 of document
E/CN.6/1997/WG/L.1. In so doing they suggested that the procedure could be
unnecessarily confrontational, could require significant human and financial
resources, and was appropriate only in the context of torture. Some delegations
questioned the efficacy of an inquiry procedure of a legal nature under an
optional protocol to deal with serious and/or systematic violations. They
suggested that such situations might require a more political approach - for
example, through the mechanisms of the Commission on Human Rights and the
Commission on the Status of Women.
60. Some delegations requested further clarification on the sources of
information that would trigger the process and how the veracity of that
information would be assessed. Others pointed to the capacity of the procedure
to encourage dialogue between the State party and the Committee, and suggested
that the notion of the "cooperation" of the State party should be incorporated
into the procedure.
61. A number of delegations suggested that the procedure should be available
where the violation was both serious and systematic. Some argued in favour of a
provision in the protocol that would allow the State party to "opt out" of an
obligation to submit itself to the inquiry procedure, whereas others did not
favour such a provision.
Article 12
62. Although some delegations were of the view that article 12 of document
E/CN.6/1997/WG/L.1 was not required in the protocol because any State that had
ratified or acceded to the Convention and the protocol would be obliged to
ensure that the procedures in the protocol could be accessed by all persons
under its jurisdiction, most delegations supported the inclusion of an article
that captured the spirit of article 12. Many delegations supported the
reformulation of the provision in article 12 (a) in a positive way so as to
promote the relationship of the Committee and States parties.
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