39. While some delegations argued for deletion of the first part of
article 6 (1) as being superfluous, other delegations noted that the sentence
reflected a carefully balanced sequence in the timing of the steps the Committee
would take in the consideration of communications.
40. It was pointed out that in a number of articles of document
E/CN.6/1997/WG/L.1 reference was made to "the author", whereas similar
instruments use the terms "individual" or "petitioner", and it was suggested
that those terms be used. Some delegations suggested that "victim" be used
either in addition to or instead of "author". It was noted that the decision on
the question of standing in article 2 would determine which term should be used
consistently throughout the protocol.
41. As to time limits for the submission of information by the State party to
the Committee on a transmitted communication, some delegations were in favour of
three months, whereas others expressed a preference for six months.
42. Some delegations welcomed the explicit inclusion of a provision in the
optional protocol allowing a settlement at any time before a decision on the
merits by the Committee. Noting the comments of the Committee resource person
with regard to the constructive role of the Committee, some delegations welcomed
the inclusion of such a provision as a modern means of dispute resolution and as
encouraging a friendly settlement between the parties. While a settlement would
be based on a full disclosure of facts by both parties, there would be no
expression of views by the Committee but instead a statement of a successful
resolution of an issue. Other delegations pointed out that the Committee’s
potential role as mediator might prevent it from playing its proper role under a
communications procedure. They suggested that it should be left to the
Committee to address such a role in its rules of procedure. Support was
expressed for the addition of language which would allow the Committee to
indicate clearly that a settlement had been reached on a matter.
Article 7
43. Some delegations proposed the deletion of any reference to "other sources"
of information. Some noted that other sources of information could, if so
desired, be channelled into the process through cooperation with either the
State party or the author, thus making broadening access to other sources of
information unnecessary. It was suggested that that could be left to the
Committee to include in its rules of procedure, as was the case with other
treaty bodies. Other delegations pointed out that a certain specificity with
regard to such other sources of information might be necessary and proposed to
limit it to information available from United Nations sources - for example, the
reports of special rapporteurs in the field of human rights. Still other
delegations expressed support for maintaining the paragraph in its current
formulation, without restrictions, referring in particular to the explanations
of the committee resource person in that regard. They noted that any
information obtained from other sources would, in any case, be transmitted to
both parties for comment.
44. While many delegations favoured the use of written information only in the
examination of a communication, some suggested that that issue should be left to
the Committee to determine. Oral testimony should be permitted, if the
Committee so decided. The point was made that the formulation that information
would be made available to the Committee by "or on behalf of" the author and the
State party suggested that unrelated third parties would be entitled to provide
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