E/1999/27
E/CN.6/1999/10
that there do exist other channels of communication outside of the optional protocol,
such as procedure 1503 of the Commission on Human Rights, which do not call for the
consent of the victims.
“We do recognize that there are situations which may arise where the consent of
the victims cannot be obtained and there is need for application of the optional protocol.
In such event, my delegation is of the view that interpretation of such events should be
in conformity with the rules of procedure of existing human rights treaty bodies, namely
the rules of procedure of the Human Rights Committee, rule 90 (b), the rules of
procedure of the Committee on the Elimination of Racial Discrimination, rule 91 (b),
and the rules of procedure of the Committee against Torture, rule 107 (1) (b).
“With regard to article 11, my delegation would like to note that it is in line with
Indonesia’s proactive policy in dealing with the promotion and protection of the human
rights of women. The Government of Indonesia is committed to the protection of victims
who come forward, through its draft legislation for witness protection which is now in
the final stage of completion. In addition to that legislative measure, the Government
of Indonesia, within the framework of technical cooperation with the Office of the
United Nations High Commissioner for Human Rights at Geneva, will implement
witness protection programme for the officials of the Office of the Attorney General
and National Police. The Government fully realized the necessity to encourage the
women victims to seek redress when their rights have been violated and to come forward
as witness and give evidence in court so that law enforcement procedures can be fully
applied, and the perpetrators of crimes be brought to justice.
“While fully respecting the rights of individuals or groups of individuals to
exercise their rights under the optional protocol, we need to underline the obligation
that national legislation must also be respected, which is in line with the thrust of article
29 of the Universal Declaration of Human Rights.
“In closing, let me reiterate my delegation’s strong desire to see the draft optional
protocol be adopted and ratified at the earliest time, and to become an international
effective instrument in the protection of the rights of women.”
Israel
“We would like, respectfully, to offer certain clarifications regarding a few of the
articles.
“First, regarding article 2, we interpret the requirement for consent of a ‘group
of individuals’ on whose behalf a complaint has been filed to refer to the consent of each
individual in the cited group.
“Second, in article 8, the phrase ‘grave or systematic violations’ refers, on our
understanding, to exclude singular isolated incidents.
“In addition, the assignment in article 11 of a State’s responsibility ‘to ensure
that individuals under its jurisdiction are not subject to ill-treatment or intimidation’
applies strictly within the jurisdiction of the state in question.
“Finally, we wish to submit that the ‘no reservations’ clause in article 17 should
not be a precedent for any future instrument.”
Italy
“The Italian delegation associates itself with the statement presented by the
Presidency of the European Union.
66