Element 21
96. Some delegations noted a lack of clarity in the meaning of the term
"satisfactory outcome". Some delegations raised the question as to the
Committee’s attitude in case a State party would not provide the requested
information.
Element 22
97. Some delegations raised the question whether the Committee, at the
completion of the process, would be empowered to publish its report even without
the agreement of the State party in the Committee’s annual report. The practice
of the Convention against Torture was noted, which consulted the State party,
but was not required to obtain agreement from the State party.
Element 23
98. The requirement that a State party undertake to assist the Committee was
considered redundant as such cooperation was expected to result from
ratification.
Element 24
99. Several delegations emphasized the need to publicize widely the optional
protocol, and the following additions, or alternative formulations, were
proposed: "... making the provision of the optional protocol widely known in
their countries", or "the communication and inquiry procedure should be made
public as widely as possible". While the role and participation of United
Nations bodies and agencies in such efforts were stressed, some delegations were
of the opinion that this should be addressed in a resolution rather than in the
optional protocol itself.
Element 26
100. With reference to a recent amendment to the Convention regarding the
Committee’s meeting time, it was suggested that that matter should be left to
the Committee to decide in its rules of procedure. Other delegations inquired
whether there might be a need for additional annual sessions and sought
clarification on the amount of time that might be necessary for the Committee to
discharge its duties under an optional protocol. Regarding possible sources of
funding for the Committee’s work under an optional protocol, the question was
raised whether it would be funded from the regular budget of the United Nations,
or by the States parties to the Convention, or by the State parties to the
optional protocol. It was noted that all human rights treaty bodies were funded
from the regular budget of the United Nations.
101. Several delegations noted a lack of clarity regarding the scope of the
"expert legal advice", referred to in the element. Questions were also raised
regarding the composition of the Committee, in particular concerning the need
for greater legal expertise to be included in its membership. It was noted
that, upon the adoption of the optional protocol, States parties would need to
review such expertise when electing members of the Committee. While the
Secretariat would be expected to support the work of the Committee, the
expertise would also be needed in the Committee itself.
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