2.
Where the Committee exercises its discretion under paragraph 1, this does
not imply a determination on admissibility or on the merits of the
communication.
Article 6
1.
Unless the Committee considers a communication inadmissible without
reference to the State Party concerned, and provided that the individual or
individuals consent to the disclosure of their identity or identities to that
State party, the Committee shall bring any communication submitted to it under
this Protocol [confidentially] to the attention of the State Party concerned.
2.
Within six months, the receiving State Party shall submit to the Committee
written explanations or statements clarifying the matter and the remedy, if any,
that may have been taken by that State Party.
[3. During its examination of a communication, the Committee shall place itself
at the disposal of the parties concerned with a view to facilitating settlement
of the matter on the basis of respect of the rights and obligations set forth in
the Convention]. [In the event of agreement between the parties, the Committee
shall adopt findings taking note of the settlement of the matter].
Article 7
[1. While exercising its function under this Protocol, the Committee should be
in compliance with the principles of objectivity and impartiality.]
1.
The Committee shall consider communications received under this Protocol in
the light of all [[written] [or recorded]] information made available to it by
[or on behalf of] the [author] [individual] and by the State Party concerned.
[The Committee may also take into account information obtained from other
[United Nations] sources provided that this information is transmitted to the
author and the State Party for comment.]
2.
The Committee shall hold closed meetings when examining communications
under this Protocol.
[2 bis. When a communication is being considered, the State Party concerned
shall be entitled to take part in the proceedings of the Committee and to make
submissions orally and/or in writing.]
3.
After examining a communication, the Committee shall transmit its views on
the communication, together with its recommendations, if any, to the State Party
and the individual or individuals concerned.
4.
The State Party shall give [due] consideration to the views of the
Committee, together with its recommendations, if any, and shall submit to the
Committee, [as far as possible] within six months, a written response, including
information on any action taken in the light of the views and recommendations of
the Committee.
5.
The Committee may invite the State Party to submit further information
about any measures the State Party has taken in response to its views or
recommendations, if any, including as deemed appropriate by the Committee, in
the State Party’s subsequent reports under article 18 of the Convention.
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