14. Delegations agreed to retain article 4 (1) and (2) as set out in document
E/CN.6/1998/WG/L.2 with two sets of brackets in article 4 (1) and one set in the
chapeau of article 4 (2), in addition to the sets of brackets around
article 4 (2) (iii) and (iv). Several delegations suggested that a further
paragraph should be added to the article that would provide for the consent of
the victim of the violation for representative communications.
Article 5
15. Some delegations considered it inappropriate for the Committee to request a
State party to take interim measures, while many pointed out that this was in
accordance with established practice of human rights treaty bodies, such as the
Human Rights Committee. A formulation according to which the Committee may
transmit to a State party a request for interim measures was acceptable to all
delegations, especially since a similar approach was used in article 7
(transmittal of views). Delegations also noted that a State party was under a
general bona fide obligation to give consideration to such a request of the
Committee, and that this could be reflected in a shortened article 5 (1) with
the deletion of article 5 (2).
16. While some delegations expressed a preference for the deletion of all three
bracketed qualifications of situations that might justify the request for
interim measures, all delegations agreed to the retention of the words "as may
be necessary". Delegations agreed that a reference to the preservation of the
status quo could be ambiguous, indicating preservation of a violation, and
should therefore be deleted. While some delegations expressed a preference for
the term "harm" in English, others pointed out that for translation into other
languages, the use in English of the term "damage" would be preferable.
17. Delegations agreed that the use of interim measures did not imply a
determination on the merits of a case, nor on its admissibility, and that this
should be reflected in article 5 (2).
18. Article 5 (1) and (2) was retained by the Working Group, with the word
"urgent" in article 5 (1) remaining in brackets.
Article 6
19. Many delegations expressed the view that the identity of the complainant
should be revealed to the State party. It was noted that practical
considerations required that the State party be informed of the identity of
those submitting communications to allow for the provision of information to the
Committee. Several delegations suggested that claimants should be able to
decide whether their identities should be revealed to the State party.
20. Several delegations noted the changing practice of the Human Rights
Committee in regard to confidentiality. Some delegations expressed a preference
for deleting the confidentiality requirement from article 6 (1), but others
expressed the view that, while a communication was pending, only the State
party, the complainant and the Committee should be apprised of the proceedings
and their content.
21. While some delegations expressed a preference for a three-month time limit
for submission of information by the State party, all delegations agreed on a
six-month period.
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