E/1999/27
E/CN.6/1999/10
“Article 2 should ensure that victims will be able to submit communications to
the Committee under that article, at the same time, it should also prevent totally
irrelevant persons from taking advantage of the special situation of the victims for their
own purposes by acting in the name of the victims. The delegation of China, therefore,
is of the opinion that the will of the victims should be fully respected, and that their
representatives, if any, should be from the same country as the victims.
“On Article 4:
“It is the general practice that politically motivated communications are
inadmissible in other communication procedures concerning human rights in the
framework of the United Nations. That is an important principle to protect human rights
properly. And this principle should be equally applied to communication procedures
under this protocol. In this respect, the delegation of China is of the opinion that the
phrase of ‘an abuse of the right to submit a communication’ contained in subparagraph
4 of paragraph 2 of this article applies to communications submitted for political
purpose.
“On Article 8:
“In view of the substantial amount of human and financial resources required to
carry out the inquiry procedure, that procedure should apply only to cases where
women’s rights are seriously violated and on a massive scale. The delegation of China,
therefore, understands that a single event of violation of women’s rights should not
constitute “grave or systematic violations” as described in paragraph 1 of this article.
“On Article 11:
“States parties to the protocol shall protect individuals against ill-treatment or
intimidation as a consequence of communicating with the Committee pursuant to this
protocol. However, States parties should implement this provision in the framework
of their national law. And this provision shall not prevent States parties from taking
legal action against those who have committed crimes or otherwise breached the law
in the process of communicating with the Committee.
“On Article 13:
“The improvement of women’s status involves efforts in various fields, including
publicizing the protocol and the Convention. In view of this, developing countries have
the right to allocate resources in the best interest of the women in their countries
according to the specific situation of these countries.
“On Article 17:
“The Convention on the Law of Treaties contains clear provisions concerning
reservations, which apply to human rights treaties adopted previously. The delegation
of China is of the view that such provisions should also apply to the present protocol.
However, in order to reach consensus in the working group, the delegation of China
accepted a no-reservation clause in this protocol on the condition that such a clause
should not constitute a precedent in drafting human right treaties in the future.”
Costa Rica (also on behalf of Argentina, Bolivia, Chile, Colombia, Dominican
Republic, Ecuador, El Salvador, Panama, Peru and Venezuela)
“We make the following statement, taking as our framework the general principles
of international law and the standards for the implementation of regional instruments
for the protection of human rights:
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