22. Several delegations expressed their support for the retention of the
substance of article 6 (3) in the optional protocol. Other delegations
suggested that the current language of article 6 (3) was inappropriate in a
human rights instrument. Several noted that the provision suggested that the
Committee had an arbitral role which they considered inappropriate. Others
underlined that the thrust of this provision was to encourage reconciliation and
mediation, rather than arbitration or quasi-judicial proceedings.
23. The Working Group agreed to retain article 6 (1), with the term
"confidentially" remaining in brackets. Article 6 (2) was adopted ad
referendum. Article 6 (3) remains unchanged.
Articles 7, 8 and 9
24. Many delegations suggested the deletion of the requirement that only
written information may be used by the Committee in considering a communication,
pointing in particular to the constraints that women in developing countries
might face in this regard. Some suggested an explicit reference to recorded
information. Others maintained that the procedure should be based on written
information. While several delegations were of the view that the Committee
should be entitled to receive information from "other sources" which would be
transmitted to the State party and the author of the communication, others
pointed to the importance of verifying these sources. Some delegations
indicated that they could accept other sources if these were further specified.
25.
Article 7 (2) had been agreed to ad referendum in 1997.
26. Some delegations expressed the view that article 7 (2) bis would encourage
the dialogue between the Committee and the State party, and argued that a State
party was entitled to be present at proceedings of the Committee involving that
particular State party. Other delegations noted the resource implications of
such a provision, which would also preclude authors of communications and their
representatives’ taking advantage of a similar opportunity. Several delegations
noted that the Human Rights Committee did not grant States parties or
complainants access to its proceedings.
27.
Article 7 (3) was adopted ad referendum in a shortened version.
28. As many delegations recognized the desirability of setting out provisions
on follow-up currently contained in articles 7 (3), 8 and 9, including
alternatives, in a streamlined form, it was agreed to merge these articles and
to delete the original drafts. Recognizing the need for both short- and
long-term follow-up to the Committee’s views and recommendations, if any, many
delegations agreed that the State party should provide a first follow-up
response to the Committee’s views within six months on any action taken. In
light of constraints that might be present in a State party, some delegations
requested a qualification of the six-month time period. Others pointed out that
since no detailed reply on completed actions would be required at this
short-term stage, but that an indication of initiated action and planned steps
would suffice, they could not agree to such a qualification. Delegations also
affirmed that this article, including the time period for the submission of
information to the Committee, would apply only to the follow-up phase after the
Committee’s adoption of views, and was not linked to article 5.
29. Delegations agreed that the Committee would have a long-term role in
monitoring follow-up to its views on communications, including through the
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