Appendix II
CHAIRPERSON’S SUMMARY OF VIEWS EXPRESSED AND COMMENTS MADE BY
DELEGATIONS DURING THE NEGOTIATIONS ON THE OPTIONAL PROTOCOL
TO THE CONVENTION ON THE ELIMINATION OF ALL FORMS OF
DISCRIMINATION AGAINST WOMEN
1.
The Open-ended Working Group on the Elaboration of a Draft Optional
Protocol to the Convention on the Elimination of All Forms of Discrimination
against Women held a number of informal meetings to continue negotiations on the
optional protocol based on the results of a first reading of the draft which had
been completed in 1997, and reflected in appendix I of annex III to document
E/1997/27. The Working Group requested the Chairperson to prepare a summary of
the discussions held during the informal meetings for inclusion in the report of
the Working Group.
2.
Throughout the informal meetings, the Working Group benefited from the
comments of and replies to questions by Ms. Silvia Cartwright, a representative
of the Committee on the Elimination of Discrimination against Women, who
participated in the Working Group as a resource person in accordance with
Economic and Social Council decision 1997/227. The Working Group also benefited
from the comments of a member of the Human Rights Committee who provided the
Working Group with information on the practice of the Human Rights Committee
under its first Optional Protocol (to the International Covenant on Civil and
Political Rights). The Working Group received information from a representative
of the Office of the United Nations High Commissioner for Human Rights on
technical aspects of the work and practice of human rights treaty bodies under
similar procedures to those contained in the draft optional protocol, and from a
representative of the Office of Programme Planning, Budget and Accounts of the
United Nations Secretariat.
3.
The following reflects the Chairperson’s understanding of the discussions
of the Working Group on the optional protocol, arranged on an article-by-article
basis. Delegations requested amendments to the text from the floor, but the
Chairperson wishes to note that this text was not negotiated, nor was it adopted
by the Working Group.
Preamble
1.
The Working Group agreed that the optional protocol would be preceded by a
short, succinct preamble which reflected the international human rights
framework of the United Nations. Delegations agreed that the preamble would
note that the Charter of the United Nations and the Universal Declaration of
Human Rights establish the principles of equality between men and women and the
entitlement of all, without distinction based on sex and other grounds, to human
rights. Delegations agreed that the preamble would recall the international
covenants and other human rights instruments, including the Convention on the
Elimination of All Forms of Discrimination against Women. It would reaffirm
States parties’ determination to ensure the full and equal enjoyment by women of
all human rights and fundamental freedoms and to take effective action to
prevent violations of these rights and freedoms. Some delegations suggested
that the preamble should also recall that the Vienna Declaration and Programme
of Action reaffirmed the universality, indivisibility and interrelatedness of
all human rights and that it called for the introduction of the right of
petition through the preparation of an optional protocol to the Convention.
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