General exchange of views
7.
At its 1st and 2nd meetings, on 10 and 11 March, the Working Group, at the
invitation of the Chairperson, held a general exchange of views on item 5.
Delegations welcomed the compilation text prepared by the Chairperson
(E/CN.6/1997/WG/L.1), which was based on the elements suggested by the Committee
on the Elimination of Discrimination against Women in suggestion No. 7a on
proposals made by members of the open-ended Working Group at its first session
(E/1996/26, annex III) and on views expressed by Governments, intergovernmental
organizations and non-governmental organizations (E/CN.6/1996/10 and Corr.1 and
Add.1 and 2 and E/CN.6/1997/5). The Working Group agreed that this text should
be used as basis for the further deliberations in the Working Group and for the
process of drafting an optional protocol.
8.
It was suggested that a first reading of the Chairperson’s text be
completed at the current session of the Commission, with a view to finalizing an
optional protocol as quickly as possible. The aim of achieving the protocol’s
entry into force before the year 2000 was put forward. It was also suggested
that the Working Group should proceed cautiously with thorough consultations and
without a specific timetable.
9.
Delegations pointed out that an optional protocol would be an essential
step in the follow-up to the World Conference on Human Rights and the Fourth
World Conference on Women. It would strengthen the implementation of the legal
rights of women contained in the Convention on the Elimination of All Forms of
Discrimination against Women, and make the Convention more effective in
promoting and protecting those rights. An optional protocol would complement
and strengthen the existing implementation mechanism under the Convention, that
is, the reporting procedure under article 18. An optional protocol, which
should allow for complaints about violations of the rights of women, would place
the Convention on an equal footing with other international human rights
treaties having communications procedures. The optional protocol should be
consistent with, and complementary to, similar existing mechanisms, and these
should be drawn upon in its elaboration.
10. Delegations emphasized that any possible duplication or overlapping with
similar existing procedures should be avoided. It was noted that the
achievement of the universal ratification of the Convention, its effective
implementation, and the withdrawal of reservations by States parties remained
important goals to be achieved. The need to improve the effectiveness of the
existing monitoring mechanism and to ensure the efficiency of any new mechanism
was noted.
11. In preparing an optional protocol, a number of issues would need to be
resolved. The breadth of the articles contained in the Convention, covering
political, civil, economic, social and cultural rights, and the influence of
social attitudes and practices on women’s de facto enjoyment of their rights,
would need to be kept in mind. It was also noted that the Working Group should
proceed in a way that would lead to an effective, reliable and practical
instrument that was acceptable to many States parties to the Convention and that
could be enforced effectively, in order to complement the implementation of the
Convention at the national level, recognizing the primary role of the States
parties in this regard.
a
Official Records of the General Assembly, Fiftieth Session,
Supplement No. 38 (A/50/38), chap. I, sect. B.
-85-
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